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 an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on March 29, 2023.

Daniel Red Horse, Jr. age 52, was sentenced to 33 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.

Red Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury in August of 2022. He pleaded guilty on December 28, 2022.

Red Horse has two prior federal sex offense convictions. As a result, Red Horse is required to register as a sex offender under the Sex Offender Registration and Notification Act. Between May 2, 2022, and June 3, 2022, Red Horse did knowingly fail to register and update his registration.  This is his eighth conviction for failing to register. 

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

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.

Red Horse 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 Possession of a Firearm and Ammunition by a Prohibited Person.

Takoda Walker Ghostbear, age 24, was indicted in February of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on March 17, 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 charge relates to Ghostbear, a previously convicted felon who is prohibited from possessing firearms and ammunition, knowingly being in possession of a Glock pistol and ammunition in Rockerville in November of 2022.

The charge is merely an accusation and Ghostbear 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, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. 

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

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 Arson. The sentencing took place on March 13, 2023.

Tommy Vargas, a/k/a Tommy Lee Spotted Eagle, age 33, was sentenced to two 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 and $74,633.15 restitution.

Vargas was indicted for Arson and Burglary by a federal grand jury in July of 2022. He pleaded guilty on December 8, 2022.

In the early morning hours of February 27, 2022, Vargas entered the Sinte Gleska University maintenance building without permission. Vargas freely moved within the building for approximately one hour, entering various rooms in the building. Vargas collected numerous items and removed them from the building. Vargas also found a gas can in the building and poured gas on the floor of building before disconnecting the surveillance system. Vargas then ignited the gas and exited the building. First responders were able to suppress the fire within 20 minutes, but the fire still caused damage to the building.

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

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

ABERDEEN - United States Attorney Alison J. Ramsdell announced that a McLaughlin, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Aberdeen, South Dakota, on March 21, 2023.

Raymond Earl Otter Robe, age 47, was indicted by a federal grand jury in August of 2022.

The charges related to the alleged stabbing of two individuals in McLaughlin.

The investigation was conducted by the Bureau of Indian Affairs, and the U.S. Attorney's Office prosecuted the case.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Dumont, Minnesota, man and a Sisseton, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 14, 2023.

Jevon Joseph Mcleod, a/k/a “Buddy Traffick”, 32, was sentenced to 40 years in federal prison, followed by four years of supervised release. Tiarah Grace Bissonette, 25, was sentenced to four years and nine months in federal prison, followed by four years of supervised release. They were also both ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Mcleod and Bissonette were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in July of 2022. Mcleod pleaded guilty on December 5, 2022, and Bissonette pleaded guilty on March 14, 2023, directly preceding the sentencing hearing.

McLeod was the leader of a conspiracy in South Dakota to obtain pills containing fentanyl from out of state and distribute them in the Northeastern area of the state. McLeod recruited Bissonette and others to assist him in selling thousands of pills during the conspiracy. Bissonette obtained pills weighing a total of over 40 grams from McLeod and sold them to others.

The other two defendants are scheduled for trial on June 6, 2023.

This case was investigated by the U.S. Department of Interior - Bureau of Indian Affairs, South Dakota Department of Criminal Investigation, and the Roberts County Sheriff’s Office. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Mcleod was immediately remanded to the custody of the U.S. Marshals Service, while Bissonette was given one day to self-report to the U.S. Marshal Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced two South Dakota men convicted of Assault Resulting in Serious Bodily Injury. The sentencing took place on March 14, 2023, in Aberdeen, South Dakota.

Cody Nicolas Gill, age 33, from Waubay, South Dakota, and Jesse Burton Robert Hopkins, Sr., a/k/a JJ, age 36, from Sioux Falls, South Dakota, were each sentenced to three years and nine months in federal prison, followed by three years of supervised release. Hopkins was ordered to pay a $1,000 fine. They were each ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

Gill and Hopkins were indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury in October of 2022. Gill and Hopkins pleaded guilty to Assault Resulting in Serious Bodily Injury on December 12, 2022.

According to court documents, in late July of 2022, in Day County, South Dakota, Gill and Hopkins committed an aggravated assault against the victim. Gill and Hopkins jumped the victim for no reason, punching and kicking the victim while on the ground. The victim sustained serious injuries to his jaw, among other injuries, as a result of the assault. 

This case was investigated by the FBI and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Gill and Hopkins were remanded to the custody of the U.S. Marshals Service to continue serving their sentences.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Timber Lake, South Dakota, woman convicted of Voluntary Manslaughter.  The sentencing took place on March 13, 2023.

Brenna Low Dog, age 37, was sentenced to eight 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.

Low Dog was indicted for Second Degree Murder by a federal grand jury in February of 2022.  She pleaded guilty on December 8, 2022.

On January 14, 2022, Low Dog and her boyfriend got into a verbal argument. Low Dog reported to law enforcement that her boyfriend pushed her down, struck her three times in the arms with his fists, and pulled her hair. Low Dog stabbed her boyfriend once in the chest with a knife that had a five-inch serrated blade, and he died as a result.   

This case was investigated by the Dewey County Sheriff’s Office, the Cheyenne River Sioux Tribe Law Enforcement Services, and the FBI. Assistant U.S. Attorney Jay Miller prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 13, 2023.

Roberta Diane Dempsey, 58, was sentenced to ten years in federal prison, followed by five years of supervised release. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  

Dempsey was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in December of 2021. She pleaded guilty on November 28, 2022.

During her involvement, Dempsey allowed her co-conspirators to use her home to store and repackage multi-pound quantities of methamphetamine. Additionally, she obtained small quantities of methamphetamine from her co-conspirator to distribute to others. Dempsey was personally involved in the distribution of over 500 grams of methamphetamine.

This case was investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service, IRS Criminal Investigation, 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.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 13, 2023.

Ryan Garner Gillis, 51, was sentenced to 10 years and 10 months in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Gillis was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in January of 2022. He pleaded guilty on December 14, 2022.

On August 21, 2021, Gillis was in a vehicle with his co-conspirators and was legally stopped and searched by law enforcement. Inside, law enforcement found 137.68 grams of methamphetamine. On that same day, law enforcement conducted a search of his residence and seized another 150.63 grams of methamphetamine. Additionally, law enforcement searched another residence where Gillis was storing items and seized yet another 212 grams of methamphetamine, along with approximately $46,374 in cash, which was the proceeds of previous methamphetamine sales. Gillis obtained all this methamphetamine with the intent of distributing it to others throughout the Sioux Falls area.

This case was prosecuted by Special Assistant U.S. Attorney Paige Petersen, who also serves as a prosecutor with the South Dakota Attorney General’s Office.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on March 15, 2023.

Kent Mews, age 56, was sentenced to 10 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 $5,100.

Mews was indicted by a federal grand jury in March of 2022. He pleaded guilty on January 20, 2023.

The conviction stemmed from an incident on March 6, 2022, when Mews attempted to use his cell phone to knowingly persuade and coerce an undercover agent, posing as a 15-year-old male, to engage in sexual activity.

This case was investigated by 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, Air Force Office of Special Investigations, and the FBI. 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.

Mews 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 Failure to Register: International Travel Reporting Violation.

Scott Richard Semrad, age 49, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 17, 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 between February 5, 2022, and February 22, 2022, Semrad, a sex offender by reason of a conviction under state law, unlawfully and knowingly failed to provide information required by the Sex Offender Registration and Notification Act relating to intended travel to a foreign country.

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

The investigation is being conducted by the U.S. Marshals 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.

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

PIERRE - United States Attorney Alison J. Ramsdell announced that a jury has convicted Dylan Blue Bird, age 30, of Mission, South Dakota, of Assaulting, Resisting, and Impeding a Federal Officer following a two-day jury trial in federal district court in Pierre, South Dakota. The verdict was returned on March 16, 2023.

The charges carry a maximum penalty of 20 years in custody and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

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

On September 30, 2022, at approximately 11:30 PM, officers with the Rosebud Sioux Tribe Law Enforcement Services attempted a traffic stop on Blue Bird after observing traffic violations in Todd County. Blue Bird did not stop and led officers on a high-speed pursuit on Highway 18, reaching speeds in excess of 110 miles per hour. During the pursuit, Blue Bird drove in the opposing lane of travel towards an officer engaged in the pursuit, forcing the officer off the roadway. The pursuit came to an end after officers deployed spike strips, disabling Blue Bird’s vehicle.

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

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

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Lower Brule, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation. The sentencing took place on March 13, 2023.

William Thigh a/k/a William Fire Cloud, age 38, was sentenced to 20 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.

Thigh was indicted for three counts of Assault With a Dangerous Weapon, and two counts of Assault of an Intimate Partner by Strangulation by a federal grand jury in February of 2022. He pleaded guilty on December 12, 2022.

Between the November 28, 2021, and November 30, 2021, at Lower Brule, Thigh assaulted his  intimate partner by strangling her. Thigh placed his hands around the victim’s neck and applied pressure.   

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

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

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Eagle Butte, South Dakota, man convicted of Larceny. The sentencing took place on March 14, 2023.

True Clark, age 28, was sentenced to 13 months in federal prison, followed by three years of supervised release. Clark was ordered to pay restitution in the amount of $395, and a $100 special assessment to the Federal Crime Victims Fund.

Clark was indicted for Larceny by a federal grand jury in October of 2022. He pleaded guilty on December 19, 2022.

Late on September 3, 2022, or in the early morning hours of September 4, 2022, Clark stole a 2017 Buick Enclave valued in excess of $20,000 from a residence in Eagle Butte. The vehicle’s owner discovered the car missing on the morning of September 4, 2022. The vehicle was equipped with OnStar. The vehicle’s owner and law enforcement contacted OnStar and were able to pinpoint the vehicle’s location as being at a specific residence in Cherry Creek, South Dakota. OnStar disabled the vehicle, and law enforcement responded to Cherry Creek. Clark was still inside the vehicle when law enforcement arrived and took him into custody.     

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

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

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Todd County, South Dakota, man convicted of Sexual Abuse of a Minor. The sentencing took place on March 13, 2023.

Fremont Menard, a/k/a Fremont Menard, Jr., age 20, was sentenced to four 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.

Menard was indicted by a federal grand jury in August of 2022. He pleaded guilty on December 8, 2022.

The conviction stems from conduct that occurred in September of 2021 in Todd County, wherein Menard engaged in a sexual act with a minor who had attained the age of 12 years but had not attained the age of 16 years.

This case was investigated by 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.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man, convicted of Conspiracy to Launder Monetary Instruments. The sentencing took place on March 13, 2023, in Sioux Falls.

Marvin Antuan Williams, age 32, was sentenced to nine years in federal prison, followed by three years of supervised release. He was ordered to pay $584,250.24 in restitution, to forfeit his interest in money and personal property, as well as to pay a $100 statutorily required special assessment to the Federal Crime Victims Fund.

Williams was indicted for Conspiracy to Commit Bank Fraud and Conspiracy to Launder Monetary Instruments by a federal grand jury in April of 2022. He pleaded guilty to Conspiracy to Launder Monetary Instruments on November 9, 2022.

According to court documents, from 2020 to April 2022, Williams, along with his co-defendants, conspired with others to commit bank fraud. The scheme impacted multiple financial institutions throughout the Sioux Falls area were and elsewhere, as the defendants obtained money from those banks by means of false or fraudulent pretenses, representations, and promises. 

After obtaining funds through fraud, Williams and his co-conspirators engaged in depositing, transferring, wiring, and withdrawing currency and funds at financial institutions to conceal and disguise the proceeds of the fraud scheme.

This case was investigated by IRS Criminal Investigation; Homeland Security Investigations; Sioux Falls Police Department; U.S. Postal Service; and the South Dakota Highway Patrol. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

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

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 Assault by Strangulation and Suffocation. The sentencing took place on March 13, 2023.

Alexander Brave, age 29, was sentenced to two 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.

Brave was indicted by a federal grand jury in August of 2022. He pleaded guilty on December 7, 2022.

The conviction stems from conduct that occurred in October of 2021 in Todd County, South Dakota, wherein Brave assaulted his intimate partner by strangling and suffocating her.

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

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

SIOUX FALLS - Earlier this week, Alison J. Ramsdell, U.S. Attorney for the District of South Dakota, joined more than two dozen other U.S. Attorneys from across the country as a delegation to commemorate the 58th Anniversary of “Bloody Sunday,” the March over Selma’s Edmund Pettus Bridge and the passage of the Voting Rights Act of 1965. Ramsdell has served as a member of the Attorney General Advisory Committee’s (AGAC) Civil Rights Subcommittee since her appointment in April 2022.

“It was an honor to join colleagues from across the United States to commemorate a turning point in the civil rights movement that gave rise to the passage of the Voting Rights Act of 1965,” said U.S. Attorney Ramsdell. “The Department of Justice was founded to ensure the protection of civil rights, including the right to vote, and that objective remains one of our sacred missions here in the District of South Dakota and across the country.”

In addition to participating in the March over the Edmund Pettus Bridge on Sunday, March 5th, the delegation met with Assistant Attorney General Kristen Clarke of DOJ’s Civil Rights Division and held other meetings with community and civil rights leaders.

• The group met with distinguished jurist Myron Thompson. As former Chief Judge in the Middle District of Alabama, Judge Thompson was instrumental in preserving the Montgomery bus station where the Freedom Riders were attacked in 1961.
• The group met with Bryan Stevenson, Founder and Executive Director of the Equal Justice Initiative, a nonprofit that provides legal representation to people who have been wrongly convicted, unfairly sentenced, or abused in state jails and prisons.
• The attorneys heard from The Johnson Institute in the federal courthouse where many key civil rights cases were decided. Through its programming, The Johnson Institute demonstrates the importance of the U.S. Constitution and an independent judiciary.
• The U.S. Attorneys visited The Legacy Museum and the Memorial for Peace and Justice, which provide a comprehensive history of racial injustice. 

The U.S. Attorneys from the following districts also attended the Selma and Montgomery events: Massachusetts, Connecticut, New Jersey, South Carolina, Colorado, Nevada, Idaho, Montana, Western and Middle Districts of Louisiana, Eastern District of Wisconsin, Eastern and Western Districts of Michigan, Middle District of Florida, Northern and Eastern Districts of California, Eastern District of Pennsylvania, Western District of Virginia, Western District of North Carolina, Southern District of Ohio, Eastern District of New York, and Southern District of West Virginia. The delegation was hosted by the U.S. Attorney for the Middle District of Alabama, and organized by U.S. Attorneys Nick Brown and Rachael Rollins.

The Attorney General’s Advisory Committee was established nearly 50 years ago by Attorney General Elliott Richardson. The Committee’s purpose is to give U.S. Attorneys a voice in Department policies and to advise the Attorney General of the United States.

###

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Winnebago, Nebraska, woman for two counts of Assaulting, Resisting, and Impeding Federal Officers.

Trista Whitewater, age 33, was indicted in November of 2022. She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 10, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on June 8, 2022, Whitewater, who was booked at the Bureau of Indian Affairs (BIA) Yankton Sioux Correctional Facility in Wagner, South Dakota, for several tribal charges, assaulted a Lead Correctional Officer and a Correctional Officer.

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

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

Whitewater 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 Broomfield, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 3, 2023.

Edward Ybarra, 43, was sentenced to 15 years and eight 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.

Edward Ybarra was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in July of 2022. He pleaded guilty on November 18, 2022.

During his involvement in the conspiracy Edward Ybarra was living in Colorado. He supplied methamphetamine to Jordan Condon and Elias Condon who transported it to South Dakota. Once the methamphetamine arrived in South Dakota it was further distributed to others for use and distribution. Between five kilograms and 15 kilograms of methamphetamine was distributed during the conspiracy. Jordan Condon and Elias Condon are currently awaiting trial.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Rapid City Police Department, 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 Kathryn N. Rich prosecuted the case.

Ybarra 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 Possession of a Firearm by a Prohibited Person and Possession of an Unregistered Firearm.

Jonah Burning Breast, age 29, was indicted in February of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 8, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 years in federal 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 stem from Burning Breast knowingly possessing an unregistered and short-barreled 12-gauge, pump-action shotgun in Rapid City in January of 2023. Burning Breast has a prior felony conviction and, as a result, cannot legally possess firearms.

The charges are merely accusations and Burning Breast is presumed innocent unless and until 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, and the Rapid City Police Department. Assistant U.S. Attorney Heather Sazama is prosecuting the case. 

Burning Breast 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 a federal grand jury has indicted a Martin, South Dakota, woman for Larceny and Embezzlement and Theft from an Indian Tribal Organization.

Madonna Peterson, age 57, was indicted in February of 2023. She appeared before U.S. Magistrate Judge Daneta Wollman on March 8, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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.

Between January of 2017 and July of 2021, Peterson stole more than $100,000 from her employer.

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

The investigation is being conducted by the FBI. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Peterson was released on bond pending trial. A trial date has not been scheduled.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Sisseton, South Dakota, man, convicted of Abusive Sexual Contact. The sentencing took place on March 3, 2023 in Aberdeen, South Dakota.

Conrad Brown, age 44, was sentenced to 15 years in federal prison, followed by 10 years of supervised release. He was ordered to pay $300 as a statutorily required special assessment to the Federal Crime Victims Fund.

Brown was indicted for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact by a federal grand jury in July of 2022. He pleaded guilty to Abusive Sexual Contact on October 25, 2022.

According to court documents, between approximately 2019 through 2021, Brown engaged in abusive sexual contacts with minor victims. The victims were threatened or placed in fear in order for Brown to perpetrate the abusive sexual contacts. The abuse took place in Northeastern South Dakota and within the tribal lands of the Sisseton-Wahpeton Oyate Sioux Tribe. 

This case was investigated by the Sisseton-Wahpeton Oyate Tribe’s Law Enforcement and the FBI. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Spearfish, South Dakota, woman on seven counts of Wire Fraud.

Janeen Keene, 54 was indicted in January of 2023. She appeared before U.S. Magistrate Judge Daneta Wollman on March 3, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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.

Between May of 2020 and July of 2020, in Spearfish, Keene, along with others, devised a scheme to fraudulently obtain unemployment benefits.

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

The investigation is being conducted by the Bureau of Immigration and Customs Enforcement, Office of Inspector General. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Keene was detained pending trial. A trial date has not been set.

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

Edwin Blaine Grass, age 37, was indicted in February of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on March 3, 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 charge relates to Grass, a previously convicted felon who is prohibited from possessing firearms and ammunition, knowingly being in possession of a Taurus revolver in Rapid City in January of 2023.

The charge is merely an accusation and Grass 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, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. 

Grass 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 today that U.S. District Judge Jeffrey L. Viken has sentenced a Manderson, South Dakota, man convicted of Sexual Abuse of a Minor. The sentencing took place on February 27, 2023.

John Joseph White Plume, Sr., 51, was sentenced to 41 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 Plume was indicted for Sexual Abuse of a Minor by a federal grand jury in October of 2021. He pleaded guilty on July 11, 2022.

The conviction stems from White Plume engaging in sexual acts with the victim on March 1, 2021, at Manderson.

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

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

PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted three individuals from North Dakota and an individual from Washington, DC for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Abdul Vann, age 47, from Mandan, ND; Samuel Vann, age 21, from Washington, DC; Monica Yellow Bird, age 40, from Fort Yates, ND; and Kerstyn Lanz, age 30, from West Fargo, ND, were indicted in February of 2023. Samuel Vann  appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2023 and pleaded not guilty to the Indictment. Abdul Vann, Monica Yellow Bird, and Kerstyn Lanz all appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $20,000,000 fine,  lifetime of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that beginning at an unknown time and continuing until February 14, 2023, in Lyman County, all four defendants knowingly and intentionally distributed and possessed with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine, which is a Schedule II controlled substance.

The charges are merely accusations and Abdul Vann, Samuel Vann, Yellow Bird, and Lanz are presumed innocent until and unless proven guilty.

The investigation is being conducted by the South Dakota Highway Patrol, the Bureau of Indian Affairs, Division of Drug Enforcement, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

All four Defendants were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 9, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Swift Bird, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on February 27, 2023.

Regina Maynard, age 31, was sentenced to seven years and three months in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Maynard was indicted by a federal grand jury in April of 2022. She pleaded guilty on October 4, 2022.

The conviction stemmed from an incident on February 7, 2022, when law enforcement conducted a traffic stop on Maynard and a co-defendant. They searched the vehicle and found inside Maynard’s purse a digital scale and several baggies. Five packages of methamphetamine, totaling 139 grams of pure methamphetamine, were found in a safe disguised to look like a book. Maynard admitted possessing the methamphetamine with the intent to distribute it in and around central South Dakota and on the Cheyenne River Sioux Indian Reservation.

This case was investigated by the Stanley County Sheriff’s Office and the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on February 28, 2023.

Tiffany Nicole Seidel, 31, was sentenced to 11 years and eight months in federal prison, followed by five years of supervised release. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Seidel was indicted for conspiracy to distribute a controlled substance by a federal grand jury in September of 2022. She pleaded guilty on December 2, 2022.

Seidel reached an agreement with co-conspirators to distribute 50 grams or more of pure methamphetamine in the District of South Dakota.  On April 7, 2022, she assisted her co-conspirators in completing the sale of one pound of methamphetamine to a confidential informant. She and her co-conspirators met the confidential informant in the parking lot of a grocery store, where they completed the sale of approximately 333.8 grams of methamphetamine, at 98% purity, for $4,600. Her involvement in the conspiracy ended in June of 2022, when she was arrested for her conduct.

This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. This case was prosecuted by Special Assistant U.S. Attorney Paige Petersen, who also serves as a prosecutor with the South Dakota Attorney General’s Office.

Seidel 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 Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on February 28, 2023.

Damon Has Horns, age 41, was sentenced to two years and eight 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.

Has Horns was indicted for Failure to Register as a Sex Offender by a federal grand jury in March of 2022. He pleaded guilty on November 21, 2022.

Has Horns was convicted of Aggravated Sexual Abuse on June 20, 2001. As a result of this conviction, Has Horns is required to register as a sex offender and update his registration within three business days of relocation or changing employment or student status. Has Horns last registered in June of 2022, providing an address in Sioux Falls, South Dakota. Has Horns failed to pay rent in September and the locks to his apartment were changed on October 1, 2022. Has Horns’ whereabouts were unknown until he was arrested on the Rosebud Sioux Indian Reservation on June 18, 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 U.S. Marshals Service and Sioux Falls Police Department. Assistant U.S. Attorney Abby Roesler prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge, Roberto A. Lange, 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 February 27, 2023.

Benjamen T. Flute, a/k/a Benjamin T. Flute, age 43, was sentenced to 25 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.

Flute was indicted by a federal grand jury in September of 2022. He pleaded guilty on November 7, 2022.

Flute was convicted of Second-Degree Rape in Caddo County, Oklahoma, in December of 2007. 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. Flute was convicted in U.S. District Court of Failure to Register as a Sex Offender in 2017, 2019, and 2021. In August of 2022, Flute was released from prison with instructions to begin supervised release in Rapid City. Flute thereafter did not arrive at his expected residence in Rapid City, and he failed to update his sex offender registration. An arrest warrant was subsequently issued, and Flute was arrested in Rapid City on August 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.

Flute 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 Watertown, South Dakota, man for two counts of Production of Child Pornography and one count of Receipt and Distribution of Child Pornography.

Ted Jeffrey Hurkes, age 44, was indicted in February of 2023. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, life years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on October 2, 2022, and again on November 12, 2022, Hurkes knowingly employed, used, persuaded, induced, enticed, and coerced a minor female to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.

The Indictment also alleges that between on or about October 2, 2022, and January 13, 2023, Hurkes knowingly received and distributed, and attempted to receive and distribute, any child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.

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

The investigation is being conducted by Homeland Security Investigations and the Watertown Police Department. 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.

Hurkes was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 2, 2023.

SIOUX FALLS - United States Attorney Alison J. Ramsdell has announced the implementation of the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy. The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely and appropriately remediate.

The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.

Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.

The policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.

In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sturgis, South Dakota, man for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, Attempted Receipt of Child Pornography, and Attempted Transfer of Obscene Material to a Minor.

Bobby Allan Aldinger, age 52, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on February 21, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 15 years in custody and/or a $250,000 fine, 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 Aldinger attempting to sexually exploit an undercover law enforcement agent posing as a 14-year-old female.

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

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

Aldinger was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 2, 2023.

###

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Greensboro, North Carolina, woman on two counts of False Statement.

Erin Lynn Hower, M.D., age 38, was indicted in January of 2023. She appeared before U.S. Magistrate Judge Daneta Wollman on February 24, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to five 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.

In July of 2020, at Pine Ridge, South Dakota, Hower knowingly made false statements in an employment application she submitted to Indian Health Services.

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

The investigation is being conducted by Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Hower was released on bond pending trial. A trial date has been scheduled for May 2, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Pine Ridge, South Dakota, man on six counts of Wire Fraud, one count of Larceny, and one count of Embezzlement and Theft from an Indian Tribal Organization.

Julian Bear Runner, age 37, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Daneta Wollman on February 24, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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.

Between 2019 and 2020, at Pine Ridge, Bear Runner, while acting in his capacity as President of the Oglala Sioux Tribe, fraudulently submitted travel vouchers for official business travel and received payment for travel that he did not take.

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

The investigation is being conducted by Health and Human Services, Office of Inspector General, and the FBI. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Bear Runner was remanded to the custody of the US Marshals Service pending trial. A trial date has been scheduled for May 2, 2023.

###

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man charged with Causing a Fire pleaded guilty and was sentenced on February 17, 2023, by U.S. Magistrate Judge Daneta L. Wollmann.

Dillon Rose, age 23, was ordered to pay $16,704 in restitution to the U.S. Forest Service, Buffalo Gap National Grasslands, a $500 fine, and $10 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on March 6, 2021, when Rose, who had gone to the Agate Beds on the Buffalo Gap National Grasslands to hunt for agates and other rocks, left the authorized trails and got his truck stuck in a creek bed. During one of the attempts to get out, Rose’s truck fuel line ruptured. The leaking gas and heat from the engine started a fire that burned approximately 2,600 acres of the Buffalo Gap National Grasslands. Rose did not immediately report the fire to authorities.

The investigation was conducted by the U.S. Forest Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Scherier has sentenced a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on February 13, 2023.

James Verbrugge, 29, was sentenced to 15 years in federal prison, followed by five years of supervised release.  He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Verbrugge was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2022. He pleaded guilty on December 2, 2022.

Verbrugge, along with his co-conspirators, was responsible for distributing 50 grams or more of pure methamphetamine in the District of South Dakota.  On April 7, 2022, Verbrugge assisted his co-conspirators in completing a sale of methamphetamine to a confidential informant. Verbrugge provided his co-conspirators with methamphetamine so they could complete the sale. The transaction took place in a grocery store parking lot where they exchanged approximately 333.8 grams of methamphetamine, which was at 98% purity, in return for $4,600.

This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. This case was prosecuted by Special Assistant U.S. Attorney Paige Petersen, who also serves as a prosecutor with the South Dakota Attorney General’s Office.

James Verbrugge 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 Yankton, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on February 7, 2023.

Justin Duane Langen, 38, was sentenced to 10 years and one month in federal prison, followed by five  years of supervised release.  He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Langen was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in June 2021. He pleaded guilty on November 14, 2022.

In June of 2021, Langen reached an agreement to distribute over 400 grams fentanyl, a Schedule II controlled substance, in the District of South Dakota.  During his involvement, he obtained Fentanyl pills from a co-conspirator and sold them to drug customers in South Dakota.

This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Langen 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 Harrison, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on February 13, 2023.

James Dean Houseman, 62, was sentenced to 12 years and seven months in federal prison, followed by four years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Houseman was indicted for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by Prohibited Person by a federal grand jury in March of 2022. He pleaded guilty on November 8, 2022.

In October of 2021, Houseman was pulled over by a South Dakota Highway Patrol Trooper. After a search of the vehicle, the trooper found more than five grams of pure methamphetamine, which Houseman had separated out into smaller baggies in order to distribute them into the community. In the vehicle, troopers also found a loaded magazine containing Ruger .22 ammunition. A later search of Houseman’s house revealed a loaded semiautomatic .22 caliber Phoenix pistol and an additional 15 pounds of methamphetamine.

This case was investigated by the South Dakota Highway Patrol, South Dakota Department of Criminal Investigation, and the FBI. This case was prosecuted by Special Assistant U.S. Attorney Elizabeth Ebert, who also serves as a prosecutor with the South Dakota Attorney General’s Office.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Transportation of Child Pornography. The sentencing took place on February 13, 2023.

Terry Zoppe, age 49, was sentenced to 11 years and three months 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.

Zoppe was indicted by a federal grand jury in December of 2021. He pleaded guilty on November 8, 2022.

The conviction stemmed from incidents between September 19, 2017, and March 23, 2021, when Zoppe knowingly transported child pornography over the internet.  After searching the internet for child pornography, he downloaded the files containing child pornography to his two e-mail accounts with Google domain. Zoppe also had child pornography on three cell phones. He knew the files contained child pornography before he chose to download them.

This case was investigated by Homeland Security Investigations, SD Division of Criminal Investigation, SD Internet Crimes Against Children Task Force, Sioux Falls PD, and the U.S. Marshal’s 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.

Zoppe 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 Possession of a Firearm by a Prohibited Person.

Jarrad Smith, age 37, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on February 10, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years’ imprisonment 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 charge stems from Smith knowingly possessing a semi-automatic pistol in Rapid City in December of 2022. Smith has a prior felony conviction and, as a result, cannot legally possess firearms.

The charge is merely an accusation and Smith is presumed innocent unless and until 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 and the Rapid City Police Department. Assistant U.S. Attorney Heather Sazama is prosecuting the case. 

Smith was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 18, 2023.

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 Voluntary Manslaughter. The sentencing took place on February 3, 2023.

Julian James Hard Heart, 20, was sentenced to six and a half years in federal prison, followed by three years of supervised release. Hard Heart was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Hard Heart was indicted for Second Degree Murder by a federal grand jury in January of 2022. He pleaded guilty on October 21, 2022.

The conviction stems from Hard Heart shooting another person after a verbal altercation on November 28, 2021, in Pine Ridge. The victim succumbed to his injuries.

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

Hard Heart 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 an Oglala, South Dakota, man convicted of Kidnapping, Aggravated Sexual Abuse by Force, Interstate Domestic Violence, Assault Resulting in Serious Bodily Injury, and Assault by Strangulation of a Dating Partner. The sentencing took place on February 10, 2023.

Jesse Sierra, a/k/a Jesse Sierro, 37, was sentenced to Life imprisonment for Kidnapping and Aggravated Sexual Abuse by Force. Sierra was also sentenced to 10 years in federal prison on the convictions for Interstate Domestic Violence, Assault Resulting in Serious Bodily Injury, and Assault by Strangulation of a Dating Partner. Each of the sentences was ordered to run concurrently. He was also ordered to pay $500 in special assessments to the Federal Crime Victims Fund and $8,395.79 in restitution.

Sierra was indicted for the charges by a federal grand jury in August of 2019. He was found guilty following a federal jury trial in Rapid City in October of 2022. Also indicted with Jesse Sierra was his brother, Dustin Sierra, who was also convicted of various offenses arising out of the same event.

The convictions related to Jesse Sierra and his brother, Dustin Sierra, traveling to the female victim’s place of employment in July of 2019 and convincing her to leave with them. When Dustin Sierra began driving the female to the Pine Ridge Reservation, Jesse Sierra wrapped his arm around her neck and strangled her until she became unconscious. Each time the female regained consciousness, Jesse Sierra strangled her again. Between July 13, 2019, and July 17, 2019, Jesse Sierra took the female to a number of locations on the Pine Ridge Reservation against her will. Jesse inflicted multiple physical and sexual assaults upon the female during the time he held her against her will. Around July 17, 2019, Dustin Sierra drove Jesse Sierra and the female to Chadron, Nebraska. Jesse Sierra then hid her in a motel in Crawford, Nebraska. On July 21, 2019, Jesse dropped her off at the emergency room in Chadron. Local, state, and federal law enforcement agencies searched for the victim from July 14, 2019, until she was located at the Chadron hospital on July 21, 2019.

This case was investigated by the FBI, Rapid City Police Department, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, Pennington County Sheriff’s Office, Box Elder Police Department, Dawes County Sheriff’s Office, Chadron Police Department, and the Nebraska State Patrol. Assistant U.S. Attorneys Heather Sazama and Kelsey Blair prosecuted the case.

Sierra 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 an Oglala, South Dakota, man convicted of Aiding and Abetting Kidnapping, and Aiding and Abetting Interstate Domestic Violence. The sentencing took place on February 10, 2023.

Dustin Sierra, a/k/a Dustin Sierro, 38, was sentenced to 10 years and one month in federal prison for Aiding and Abetting Kidnapping, and 10 years in federal prison to for Aiding and Abetting Interstate Domestic Violence. Both sentences were ordered to run concurrently. Sierra was ordered to serve five years of supervised release for the Aiding and Abetting Kidnapping charge and three years on the Aiding and Abetting Interstate Domestic Violence charge, to run concurrently. He was also ordered to pay $200 in special assessments to the Federal Crime Victims Fund.

Sierra was indicted for the charges by a federal grand jury in August of 2019. He was found guilty following a federal jury trial in Rapid City in October of 2022. Also indicted with Dustin Sierra was his brother, Jesse Sierra, who was also convicted of various offenses arising out of the same event.

The convictions related to Dustin Sierra and his brother, Jesse Sierra, traveling to the female victim’s place of employment in July of 2019 and convincing her to leave with them. When Dustin Sierra began driving the female to the Pine Ridge Reservation, Jesse Sierra wrapped his arm around her neck and strangled her until she became unconscious. Each time the female regained consciousness, Jesse Sierra strangled her again. Between July 13, 2019, and July 17, 2019, Jesse Sierra took the female to a number of locations on the Pine Ridge Reservation against her will. Jesse inflicted multiple physical and sexual assaults upon the female during the time he held her against her will. Around July 17, 2019, Dustin Sierra drove Jesse Sierra and the female to Chadron, Nebraska. Jesse Sierra then hid her in a motel in Crawford, Nebraska. On July 21, 2019, Jesse dropped her off at the emergency room in Chadron. Local, state, and federal law enforcement agencies searched for the victim from July 14, 2019, until she was located at the Chadron hospital on July 21, 2019.

This case was investigated by the FBI, Rapid City Police Department, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, Pennington County Sheriff’s Office, Box Elder Police Department, Dawes County Sheriff’s Office, Chadron Police Department, and the Nebraska State Patrol. Assistant U.S. Attorneys Heather Sazama and Kelsey Blair prosecuted the case.

Sierra 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 Harvey Hugs, age 59, of Hardin, Montana, of three counts of violating the Bald and Golden Eagle Protection Act following a two-day federal jury trial in Rapid City, South Dakota. The verdict was returned on February 14, 2023.

The charges carry a maximum penalty of two years in federal prison and/or a $250,000 fine, one year of supervised release, and a $300 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

Hugs was indicted by a federal grand jury in May of 2022. 

The Bald and Golden Eagle Protection Act makes it a crime for anyone to take, sell, purchase, and barter, bald and golden eagles and any parts and feathers of eagles. In February of 2020, Montana authorities received information that Hugs was involved in trafficking golden eagle feathers.  Between August 20, 2020, and November 3, 2020, law enforcement utilized recorded phone calls and text messages in which Hugs offered to sell various eagle feathers. On two separate occasions, Hugs knowingly sold golden eagle tails for several hundred dollars each. On a third occasion, Hugs sold a set of golden eagle wings and a gold eagle tail for $1,000. Hugs then shipped the golden eagle feathers to South Dakota. A search warrant was executed at Hugs’ Montana home on March 3, 2021, where multiple items, including additional eagle tails and wings, were seized. The U.S. Fish and Wildlife Forensics Lab in Ashland, Oregon, was able to determine that items seized from Hugs’ home genetically matched items Hugs sold and shipped during this case. 

This case was investigated by the U.S. Fish and Wildlife Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

A sentencing date has not been set. The defendant was released on bond pending sentencing.  

PIERRE - United States Attorney Alison J. Ramsdell announced that a jury has convicted Barbara McGhee, age 25, of Lower Brule, South Dakota, of Assaulting, Opposing, Resisting, Impeding, Intimidating, or Interfering with a Federal Officer as a result of a two-day federal jury trial in Pierre, South Dakota. The verdict was returned on February 15, 2023.

The charge carries a maximum penalty of one year in federal prison and/or a $100,000 fine, one year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.  

McGhee was indicted by a federal grand jury in April of 2021. 

The evidence at trial showed that on March 29, 2021, in Lower Brule, McGhee forcibly opposed and resisted two Bureau of Indian Affairs correctional officers. The correctional officers entered McGhee’s jail pod to move McGhee to a different area of the jail. McGhee resisted their attempt to move her, throwing a cup of water, causing the liquid to come in contact with one of the correctional officers. As the officers attempted to restrain her following this incident, McGhee flailed her arms around, striking the other correctional officer on the nose.

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

A presentence investigation report was ordered and a sentencing date has not been set. McGhee remains out on bond pending sentencing.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Shreveport, Louisiana, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on February 13, 2023.

Orlando Mandel Debrow, 49, was sentenced to five years in federal prison, followed by four years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Debrow was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in May of 2022. He pleaded guilty on November 28, 2022.

Debrow, along with his co-conspirator, Joseph Dean McKinney, distributed 500 grams or more of cocaine in the State of South Dakota. Their involvement in this conspiracy ended when a South Dakota Highway Patrol Trooper stopped their vehicle and located over 500 grams of cocaine in a search.

This case was investigated by the South Dakota Highway Patrol and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Debrow 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 Los Angeles, California, man convicted of Conspiracy to Distribute a Controlled Substance and Conspiracy to Launder Monetary Instruments. The sentencing took place on February 6, 2023.

Daniel Fiero Navarrette, 54, was sentenced to 15 years in federal prison, followed by 10 years of supervised release. He was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Navarrette was indicted for Conspiracy to Distribute a Controlled Substance and Conspiracy to Launder Monetary Instruments by a federal grand jury in September of 2022. He pleaded guilty on October 7, 2022.

In March of 2021, Navarrette reached an agreement to distribute 500 grams or more of a mixture and substance containing methamphetamine in the District of South Dakota.

During his involvement in the conspiracy, he reached an agreement to provide a co-conspirator in South Dakota with large amounts of methamphetamine, and also assisted his co-conspirator in meeting other individuals so that he could obtain multi-pound quantities of methamphetamine. As part of his conspiracy to distribute methamphetamine in South Dakota, the defendant also engaged in Money Laundering.

This case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, IRS Criminal Investigations, South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Navarrette 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. Circuit Judge Jonathan A. Kobes, sitting in federal district court, has sentenced a Sioux Falls, South Dakota, woman convicted of False Statement to a Federal Officer. The sentencing took place on February 1, 2023.

Darla Thompson, 48, was sentenced to two years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $5,000 in restitution.

Thompson was indicted for False Statement to a Federal Officer by a federal grand jury in March of 2021. She pleaded guilty on October 7, 2022.

The conviction stems from Thompson, while employed as the Custer Branch Manager of Sentinel Federal Credit Union from January of 2018 until August of 2020, using her position at the bank to apply for and receive a loan in a friend’s name. Thompson altered the serial number on the collateral for the loan in order to conceal matters from the bank. The loan was ultimately discovered when the friend became delinquent on the loan. The friend did not know about the loan and Thompson had no permission to use the friend’s name or identity. When questioned about the loan and other matters, Thompson provided false information to a Special Agent with the FBI.

This case was investigated by the Custer County Sheriff’s Office and the FBI. Assistant U.S. Attorney Megan Poppen prosecuted the case.