District of South Dakota

United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, man convicted of Assault on a Federal Officer was sentenced on July 7, 2022, by U.S. District Judge Jeffrey L. Viken.

Tex Janis, age 22, was sentenced to time already served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Janis was indicted by a federal grand jury in January 2021 and pleaded guilty on March 11, 2022.

The conviction stemmed from Janis assaulting an on-duty Oglala Sioux Tribe Department of Public Safety officer who sustained injuries that required medical attention.

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

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Causing a Fire, Use of a Motor Vehicle off Designated Roadways, and Careless and Reckless Driving.

Dillon Rose, age 22, was indicted on May 19, 2022.  He appeared before U.S. Magistrate Judge Daneta L. Wollman on July 20, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to six months in custody and/or a $1,500 fine, and $10 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on March 6, 2021, in Custer County, Rose carelessly and recklessly operated a motor vehicle off a designated roadway on the Buffalo Gap National Grasslands and caused a fire that burned approximately 2,600 acres.

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

The investigation is being conducted by the U.S. Forest Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Rose was released on bond pending trial.  A trial date of September 27, 2022, has been set.

 

United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Domestic Assault Resulting in Serious Bodily Injury, and Arson.

Dustin Jade Red Fox, age 30, was indicted on July 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on June 21, 2022, in Little Eagle, Red Fox burglarized a home and assaulted one of its occupants.  Red Fox then attempted to burn down the home by starting a fire. 

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

United States Attorney Alison J. Ramsdell announced that a Wakpala, South Dakota, man convicted of embezzlement and theft from an Indian tribal organization was sentenced on July 18, 2022, by U.S. District Judge Charles B. Kornmann.

Joshua Iron Cloud, Sr., age 39, was sentenced to six months in federal prison, followed by three years of supervised release. He was also ordered to pay $23,980 in restitution to the Standing Rock Sioux Tribe and $100 to the Federal Crime Victims Fund.

Iron Cloud was indicted by a federal grand jury on September 8, 2021. He pled guilty on April 21, 2022.

According to court documents, between in or about March and May 2020, Iron Cloud embezzled, stole, and converted approximately $25,000 of monies, funds, and credits belonging to Oyate Community Development Corporation of the Standing Rock Sioux Tribe, an Indian Tribal Organization. Iron Cloud used those monies on personal items and expenditures.

This case was investigated by the FBI and U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Iron Cloud will report to the U.S. Marshals Service on or before November 1, 2022, to begin serving his custody sentence.

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

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

United States Attorney Alison J. Ramsdell announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Adrian Spotted Horse, age 43, was indicted on June 14, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that between May and June of 2022 in South Dakota, Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update a registration.

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

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.

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

United States Attorney Alison J. Ramsdell announced that a transient woman from the Sioux Falls, South Dakota, area was convicted of possession of a firearm by a prohibited person and was sentenced on July 21, 2021, by U.S. District Judge Karen E. Schreier.

Elizabeth Ashley Drake, age 35, was sentenced to 18 months in prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Drake was indicted for possession of a firearm by a prohibited person by a federal grand jury on July 7, 2021. She pled guilty on May 5, 2022.

On or about June 11, 2021, Drake had possession of a Taurus, model 85, .38 Special caliber, double action revolver, ammunition, methamphetamine, and methamphetamine paraphernalia, in Sioux Falls.

On June 11, 2021, the Sioux Falls Police Department lawfully searched a vehicle Drake was a passenger in and located the firearms, narcotics, and syringes. Drake knew she was prohibited from possessing a firearm, as she had been previously convicted of one or more crimes punishable by imprisonment exceeding one year. Drake was also prohibited from possessing firearms as she was an unlawful user of controlled substances.

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

Drake was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute a controlled substance was sentenced on July 19, 2022, by U.S. District Judge Karen E. Schreier.

Det Khaoon, a/k/a "D", "Chino" and "Johnny Lee", age 38, was sentenced to 176 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.

Khaoon was indicted for conspiracy to distribute a controlled substance by a federal grand jury on July 7, 2021. He pled guilty on March 31, 2022.

Beginning on an unknown date and continuing until on or about July 7, 2021, Khaoon knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. In total, Khaoon was involved in trafficking 43 pounds of methamphetamine and 80 grams of fentanyl.

This case was investigated by South Dakota Highway Patrol, Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.

ShawnDae Lynn White Bird, age 33, was indicted on July 11, 2022. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison 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 Indictment alleges between September 7, 2021, and October 29, 2021, in Mission, White Bird did abuse, expose, torture, torment, and cruelly punish a child who had not attained the age of seven.

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

The investigation is being conducted by the FBI. Assistant U.S. Attorney Abby Roesler is prosecuting the case.

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

United States Attorney Alison J. Ramsdell announced that a Hardin, Montana, man has been indicted by a federal grand jury for the Bald and Golden Eagle Protection Act, Lacey Act, and Migratory Bird Treaty Act violations.

Harvey Hugs, age 59, was indicted on May 19, 2022. He appeared before U.S. Magistrate Judge Daneta L. Wollman on July 18, 2022, and pled 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.

The Indictment alleges that at various times between August 20, 2020, and March 3, 2021, Hugs knowingly transported, sold, received, and acquired bald and golden eagles, when Hugs should have known the protected birds were taken, possessed, transported, and sold in violation of, and in a manner unlawful under the laws and regulations of the United States. Hugs further and with wanton disregard for the consequences of his actions, possessed, sold, bartered, and offered to sell and barter a bald and golden eagles and parts thereof.

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

The investigation is being conducted by the U.S. Fish and Wildlife Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Hugs was released on bond pending trial. A trial date of September 20, 2022, has been set.

United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Arson and Third Degree Burglary.

Tommy Vargas, a/k/a Tommy Lee Spotted Eagle, age 32, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 27, 2021, in Mission, Vargas unlawfully entered the Sinte Gleska Maintenance Building and stole multiple pieces of property. As he was leaving the premises, Vargas willfully and maliciously set fire to and burned the building.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Abby Roesler is prosecuting the case.

Vargas was remanded to the custody of the U.S. Marshals Service pending trial. A trial date is set for September 13, 2022.

United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man convicted of embezzlement and theft from an Indian tribal organization was sentenced on July 18, 2022, by U.S. District Judge Charles B. Kornmann.

Donel Takes The Gun, age 55, was sentenced to eight months in federal prison, followed by three years of supervised release. He was also ordered to pay $15,935.93 in restitution to the Standing Rock Sioux Tribe and $100 to the Federal Crime Victims Fund.

Takes The Gun was indicted by a federal grand jury on July 7, 2021. He pled guilty on April 21, 2022.

According to court documents, between about October 2017 and March 2020, Takes The Gun embezzled, stole, and converted approximately $16,000 of monies, funds, and credits belonging to the Running Antelope District of the Standing Rock Sioux Tribe, an Indian Tribal Organization. Takes The Gun, an elected official of the Running Antelope District, used those monies on personal items, expenditures, and gambling.

This case was investigated by the FBI and U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Takes The Gun was remanded to the custody of the U.S. Marshals Service to begin serving his custody sentence.

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

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

United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm During a Crime of Violence.

Raul Tomas Mata, age 21, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that on April 29, 2022, in Little Eagle, Mata fired a gun towards several residences with intent to commit murder. A minor was struck and seriously injured by one of the bullets fired by Mata.

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

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 investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency, the FBI, the Corson County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.

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

United States Attorney Alison J. Ramsdell announced that a Denver, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 20, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Timothy Zuk, age 49, was sentenced to 22 years in federal prison, followed by five years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and a $1,000 fine.

Zuk was indicted by a federal grand jury on August 11, 2020. He pled guilty on April 18, 2022.

Beginning in at least January 2015, Zuk was involved with several other individuals to distribute pounds of methamphetamine and heroin in and around the Rosebud Sioux Indian Reservation. Zuk was the source of supply for several individuals who resided on the reservation. They would make trips to Denver to pick up methamphetamine from Zuk to distribute on the reservation. Zuk also made several trips to South Dakota to bring methamphetamine to them to distribute. Over 90,000 kilograms of converted drug weight of narcotics was involved in this conspiracy.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Highway Patrol, and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Zuk was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Winner, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Cameron Fanning, age 24, was sentenced to 36 months in federal prison, followed by three years of supervised release, forfeiture of the firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fanning was indicted by a federal grand jury on December 14, 2021.  He pled guilty on April 28, 2022.

The conviction stemmed from an incident that occurred on August 6, 2021, in Mission, South Dakota.  On that date, the Rosebud Sioux Tribe Law Enforcement Services responded to a report of an individual driving erratically.  Law enforcement made contact with the lone male occupant.  The occupant fled the scene, which led to his arrest and search of the vehicle, where a handgun was located in the vehicle.  Fanning had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, making it illegal for him to possess firearms.

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. 

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 Abby Roesler prosecuted the case.

Fanning was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for two counts of interference with commerce by threats and violence and two counts of brandishing a firearm during a federal crime of violence.

Samuel Oreoluwa Roberts, age 23, was indicted on these charges July 6, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 11, 2022, and pled not guilty to the Indictment.

The maximum penalty for the counts involving interference with commerce 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.  The penalty for each count of brandishing a firearm during a crime of violence is a mandatory seven 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 indictment alleges that on or about March 29, 2022, in Sioux Falls, Roberts unlawfully obstructed, delayed, and affected commerce and the movement of articles and commodities in such commerce, by robbery when he unlawfully took and obtained cash from the Get-n-Go, against the will of the employees by means of actual and threatened force, violence, and fear of injury immediate and future to their person when he brandished a firearm during this crime of violence, demanded money, and forcibly took the money.  Then on or about March 30, 2022, in Sioux Falls, Roberts unlawfully obstructed, delayed, and affected commerce and the movement of articles and commodities in such commerce, by robbery when he unlawfully took and obtained cash from the Kum and Go, against the will of the employees by means of actual and threatened force, violence, and fear of injury immediate and future to their person when he brandished a firearm during this crime of violence, demanded money, and forcibly took the money.

These charges are merely accusations and Roberts is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Special Assistant U.S. Attorney Elizabeth A. Ebert is prosecuting the case.   

Roberts was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 13, 2022.

United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Anthony Kitteaux, Sr., age 29, was sentenced to 13 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.

Kitteaux was indicted by a federal grand jury on March 8, 2022.  He pled guilty on May 5, 2022.

The conviction stemmed from an incident that occurred in the early morning hours of January 24, 2022, at a residence in Todd County, South Dakota.  On that date, a Rosebud Sioux Tribe Law Enforcement Services officer responded to a report that Kitteaux was assaulting his girlfriend.  When the officer approached the residence and attempted to place Kitteaux under arrest, Kitteaux refused commands and attempted to close the front door of the residence.  The officer reached through the door in an attempt to gain Kitteaux’s compliance and he repeatedly closed the door on the officer’s arm.

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

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

United States Attorney Alison J. Ramsdell announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Brenda Faye Fernandez, age 48, was sentenced to ten months in federal prison, followed by four years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fernandez was indicted by a federal grand jury on February 8, 2022.  She pled guilty on March 31, 2022.

The conviction stemmed from Fernandez’s involvement in a methamphetamine trafficking conspiracy between January 1, 2021, and September 30, 2021, in South Dakota.  Fernandez knowingly and intentionally conspired with others to distribute methamphetamine on the Cheyenne River Sioux Indian Reservation. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Fernandez was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that two Wounded Knee, South Dakota, men have been indicted by a federal grand jury for First Degree Murder, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon.

Eugene Acorn High Hawk, age 59, and Spencer High Hawk, age 25, were indicted on July 6, 2022.  Both men have pleaded not guilty to the Indictment.

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

The charges relate to Eugene Acorn High Hawk and Spencer High Hawk beating a male to death near Wounded Knee in June 2022.  Eugene Acorn High Hawk is also accused of beating a juvenile male with a baseball bat during the same incident.  The charges are merely an accusation, and both men are presumed innocent until and unless proven guilty. 

The investigation is being conducted by Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division.   Assistant U.S. Attorney Kelsey Blair is prosecuting the case.   

Eugene Acorn High Hawk and Spencer High Hawk were detained pending trial.  A trial date has been set for September 20, 2022.

United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Production of Child Pornography and Receipt and Distribution of Child Pornography.

Trayviel Miles, age 23, was indicted on July 6, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2022, and pled 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 of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Count one of the Indictment alleges that between February 15, 2022, and February 26, 2022, Miles knowingly attempted to employ, use, persuade, induce, entice, and coerce a minor female to engage in explicit conduct for the purpose of producing visual depictions of such conduct, knowing and having reason to know that such visual depiction would be transported in interstate or foreign commerce or mailed, and such visual depiction would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.

Count two of the Indictment alleges that between November 17, 2021, and February 16, 2022, Miles knowingly received and distributed, and attempted to receive and distribute any child pornography that has been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer.

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

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

Miles was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 20, 2022.

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 8, 2022, by Judge Karen E. Schreier, U.S. District Court.

Cody Provost, age 42, was sentenced to time served, three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Provost was indicted by a federal grand jury in January 2021.  He pleaded guilty on April 15, 2022.

The conviction stems from Provost possessing and distributing hydrocodone, a Schedule II controlled substance, in South Dakota between the summer of 2019 and January 2021.

The case was investigated by the Badlands Safe Trails Task Force, which includes the FBI, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, South Dakota Department of Criminal Investigation, and the Department of Health and Human Services-Office of Inspector General.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, woman has been indicted by a federal grand jury for First Degree Murder and Felony Child Abuse and Neglect.

Billie Jean Red Owl, age 34, was indicted on November 18, 2021.  She appeared before U.S. Magistrate Judge Daneta Wollmann on June 15, 2022, and pleaded not guilty to the Indictment.  The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine.

The charges relate to Red Owl engaging in a pattern of child abuse, including failing to provide sufficient food and hydration and medical care to her child, who was under the age of seven years, in 2020 at Kyle.  This abuse resulted in the death of the child.

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

The investigation is being conducted by the FBI.  Assistant U.S. Attorney Heather Sazama is prosecuting the case.   

Red Owl was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for August 23, 2022.

United States Attorney Alison J. Ramsdell announced that four South Dakota residents have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Jevon McLeod, a/k/a “Buddy Traffick”, age 32, and Tiarah Grace Bissonette, age 24, both of Sisseton, South Dakota, and Daren Lee Basche, age 57, and Trey Byron Petrich, age 22, both of Watertown, South Dakota, were indicted on July 11, 2022.  They all appeared before U.S. Magistrate Judge Mark Moreno on July 14, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in custody and/or a $5 million fine, life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Beginning on a date unknown and continuing until on or about July 11, 2022, in the District of South Dakota, Jevon Joseph Mcleod, Daren Lee Basche, Tiarah Grace Bissonette, and Trey Byron Petrich did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown to the grand jury, to knowingly and intentionally distribute 40 grams or more of a mixture and substance containing fentanyl, a Schedule II controlled substance.  The defendants conspired to distribute pills containing fentanyl in the northeastern part of South Dakota.

The charge is merely an accusation, and all defendants are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs.  Assistant U.S. Attorney Mark Hodges is prosecuting the case.   

Following their initial appearances, McLeod, Basche, and Bissonette were remanded to the custody of the U.S. Marshals Service, and Petrich was released on bond pending trial.  A trial date has not been set.

United States Attorney Alison J. Ramsdell announced that a Wounded Knee, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Ashlee Randall, age 34, was indicted on June 23, 2022.  She appeared before U.S. Magistrate Judge Daneta Wollmann on July 8, 2022, and pleaded not guilty to the Indictment.

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

The charges stem from Randall shooting a man near Wounded Knee in May 2022.  The charges are merely an accusation and Randall 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 Criminal Investigation Division.  Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.   

Randall was released pending trial.  A trial date has been set for September 13, 2022.

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022, by U.S. District Judge Karen E. Schreier.

Franky Torres, age 29, was sentenced to six years and six 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.

Torres was indicted by a federal grand jury on November 18, 2021, and pleaded guilty on April 13, 2022.  The conviction stems from Torres, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Springfield Armory, model XDs-45 Mod 2, .45 AUTO caliber, semi-automatic pistol, and a North American Arms Corporation, model NAA-22M, .22 Winchester Magnum Rifle caliber, single-action revolver, which were found after Torres came into contact with law enforcement in July 2021 in Rapid City.

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 investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 11, 2022, by U.S. District Judge Jeffrey L. Viken.

Isiah Cutgrass, age 26, was sentenced to 24 months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Cutgrass was indicted by a federal grand jury on March 18, 2021, and pleaded guilty on March 11, 2022. The conviction stems from Cutgrass, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 30, .45 AUTO caliber, semi-automatic pistol, which was found after Cutgrass came into contact with law enforcement in March 2020 in Rapid City.

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 investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022 by U.S. District Judge Karen E. Schreier.

Lew Bettelyoun, age 46, was sentenced to 15 years in federal prison, followed by five years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Bettelyoun was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on September 18, 2018.  On October 23, 2018, additional charges were added for Carrying a Firearm During a Drug Trafficking Offense and Possession of a Firearm by a Prohibited Person.  He pleaded guilty to Counts I and II on June 3, 2022.  Bettelyoun was responsible for distributing at least 500 grams of methamphetamine on the Pine Ridge Reservation during his involvement in the conspiracy.  He obtained methamphetamine and distributed it to others, knowing those persons would engage in additional distribution.  Bettelyoun also possessed firearms in furtherance of his drug trafficking conspiracy.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.

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.

Bettelyoun was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Failure to Register as a Sex Offender (while Committing a Violent Offense) was sentenced on July 7, 2022, by U.S. District Judge Karen E. Schreier.

On the charge of Assault Resulting in Serious Bodily Injury, Benjamin Wendell Smoke, age 63, was sentenced to eight years in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  As to the charge of Failure to Register as a Sex Offender, Smoke 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.  The prison sentences are to be served consecutively and the time of supervised release is to be served concurrently.

Smoke was indicted by a federal grand jury in April 2019.  He pleaded guilty on January 21, 2022.  The conviction stems from Smoke assaulting another elderly male on March 17, 2019, at Pine Ridge.  Smoke was convicted of First Degree Rape in 1988 and is required to register his address every time he moves for the rest of his life.  At the time of this assault he was not in compliance with the Sex Offender Registration and Notification Act, which requires him to register as a sexual offender as a result of a prior sex assault conviction.

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

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

United States Attorney Alison J. Ramsdell announced that a Bismarck, North Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Dorian Lester, age 26, was indicted on July 6, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 8, 2022, and pled 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 Lester, 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 May 20, 2022, and July 6, 2022.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Lester was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for September 13, 2022.

United States Attorney Alison J. Ramsdell announced that an Albuquerque, New Mexico, man convicted of Abusive Sexual Contact was sentenced on July 6, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Nathan Andrew Castillo, age 53, was sentenced to 40 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.

Castillo was indicted by a federal grand jury in April 2019.  He pleaded guilty on March 3, 2022.

The conviction stems from Castillo sexually abusing a female child, who was under the age of 12, in May 2018 near Oglala, South Dakota.

This case was investigated by the FBI.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that Jade LaRoche, age 42, of Lower Brule, South Dakota, was found guilty 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 charge carries a maximum penalty of eight years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.  

LaRoche was indicted by a federal grand jury on January 11, 2022. 

The evidence at trial showed that on October 31, 2021, in Lower Brule, LaRoche forcibly opposed and resisted a federal law enforcement officer.  The officer was called to a residence to remove LaRoche.  Upon learning that he was going to be placed under arrest, LaRoche ran from the officer into a back bedroom of the home.  As the officer approached the back bedroom, the defendant charged out from his hiding spot, striking the officer and knocking him backwards into a table.  The victim suffered injuries to his neck, back, and shoulder.

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.  LaRoche was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.

United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 7, 2022, by U.S. District Judge Karen E. Schreier.

Donna Garnette, age 29, was sentenced to nine years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Garnette was indicted for the charge by a federal grand jury in May 2021, and pleaded guilty in December 2021.  The conviction stems from Garnette obtaining and distributing fentanyl (4-ANPP) and hydrocodone pills with her conspirators on the Pine Ridge Reservation.

The case was investigated by the Badlands Safe Trails Task Force, which includes the FBI, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, South Dakota Department of Criminal Investigation, and the Department of Health and Human Services-Office of Inspector General.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Alison Ramsdell announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Marvel Dion, age 37, was sentenced to 18 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.

Dion was indicted by a federal grand jury on March 9, 2020.  She pled guilty on April 4, 2022.

The conviction stemmed from an incident that occurred on February 1, 2020, in Fort Thompson.  Dion repeatedly struck an officer after being informed she was being placed under arrest.

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.

Dion was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Fort Thompson, South Dakota, man convicted of Larceny was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Tanner Shields, age 32, was sentenced to 21 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Shields was indicted by a federal grand jury on February 8, 2022.  He pled guilty on April 4, 2022.

The conviction stemmed from an incident that occurred June 21, 2021, in Hughes County.  Using a stolen pick-up truck and trailer, Shields stole a skid steer and then removed the serial numbers from the equipment.

This case was investigated by the Sioux Falls Police Department, the Tripp County Sheriff’s Office, and the Bureau of Indian Affairs – Office of Justice Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for First Degree Murder and Use of a Firearm During and in Relation to a Crime of Violence.

Stuart Cochran, Sr, age 48, was indicted on July 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 11, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that June 25, 2022, in Dewey County, South Dakota, Cochran willfully, deliberately, maliciously, and with premeditation and malice aforethought killed a man by shooting him with a handgun.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the FBI.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Alison J. Ramsdell announced that an Allen, South Dakota, man convicted of Enticement of a Minor and Sexual Abuse of a Minor was sentenced on July 6, 2022, by U.S. District Judge Jeffrey L. Viken.

On the charge of Enticement of a Minor, Stacey Garnette, a/k/a Stacy Garnette, age 44, was sentenced to 18 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.  As to the charge of Sexual Abuse of a Minor, Garnette was sentenced to 15 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.  The prison sentences are to be served concurrently.

Garnette was indicted by a federal grand jury in October 2019.  He pleaded guilty on January 3, 2022.

The conviction stems from Garnette, while employed at Red Cloud Indian School as a bus driver/mechanic, having an intimate relationship with a 14 year old female.  Garnette used a cellular telephone to send messages to the juvenile female to induce her to engage in sexual activity.

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

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

United States Attorney Alison J. Ramsdell announced that a White River, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Justin Moreno, age 33, was indicted on May 10, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 5, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that on January 2, 2022, in Mellette County, South Dakota, Moreno caused the victim to engage in a sexual act by the use of force.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

United States Attorney Alison J. Ramsdell announced that a San Antonio, Texas, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 5, 2022, by U.S. District Judge Karen E. Schreier.

Isaias Lorenso Santos Escamilla, age 30, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Santos Escamilla was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on November 9, 2021.  He pled guilty on April 11, 2022.

Beginning on an unknown date, and continuing until on or about December 2021, Santos Escamilla reached an agreement to distribute five kilograms or more of cocaine in the District of South Dakota. During his involvement in the conspiracy, Santos Escamilla received cocaine from a co-conspirator and agreed to transport it to Sioux Falls, South Dakota.  His co-conspirator gave him directions on where to deliver the cocaine and he expected to receive payment for delivering it. Law enforcement pulled their vehicle over and discovered approximately 28 kilograms of cocaine and a firearm in the vehicle.

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

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

United States Attorney Alison J. Ramsdell announced that a St. Francis, South Dakota, man convicted of Second Degree Murder and Assault With a Dangerous Weapon was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Isaiah Clarence Young, age 23, was sentenced to a total of 40 years in federal prison.  He was sentenced to 40 years in federal prison, followed by five years of supervised release for Second Degree Murder.  He was sentenced to 10 years in federal prison, followed by three years of supervised release for Assault With a Dangerous Weapon.  The sentences will be served concurrently.  Young was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.

Young was indicted by a federal grand jury on February 8, 2021.  He pled guilty on March 22, 2022.

In the early morning hours of January 24, 2021, Young broke into a St. Francis, South Dakota, residence with the intent to commit larceny.  He entered a bedroom and turned on a light, awakening a man and a woman who were sleeping in the bedroom.  Young grabbed a hammer and assaulted the victims, repeatedly striking them in the head and face.  Young then picked up a knife and stabbed both victims repeatedly.  The woman suffered fatal injuries.  The man was hospitalized for his injuries but survived.

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

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

United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Escape was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Marlow Poor Thunder, age 27, was sentenced to 20 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.

Poor Thunder was indicted by a federal grand jury on May 10, 2022.  He pled guilty on May 26, 2022.

The conviction stemmed from an incident that occurred on March 29, 2022, in Winner, when Poor Thunder failed to report to the Winner City Jail following a furlough to attend a medical appointment, as ordered by U.S. Magistrate Judge Mark A. Moreno.  An arrest warrant was issued on March 31, 2022.  On April 7, 2022, Poor Thunder was arrested in Sioux Falls.

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

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

United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Todd Kal Wilcox, age 42, was sentenced to 25 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.

Wilcox was indicted by a federal grand jury on October 13, 2021.  He pled guilty on April 14, 2022.

The conviction stemmed from an incident that occurred on July 15, 2021, in Todd County, South Dakota.  On that date, a Rosebud Sioux Tribe Law Enforcement Services officer responded to a call for service to remove Wilcox from a residence for being under the influence and disorderly.  The responding officer asked Wilcox to leave the residence, and the officer removed a vodka bottle from Wilcox’s person while escorting him outside.  Wilcox thereafter became combative and threatened and assaulted the officer with a metal bar.

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

Wilcox was ordered to self-report to the custody of the U.S. Marshals Service no later than Friday, July 8, 2022, by 2:00 p.m.

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on June 30, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Jackson Bissonette, age 31, was sentenced to 24 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.

Bissonette was indicted by a federal grand jury on August 20, 2020, and pleaded guilty on March 23, 2022.  The conviction stems from Bissonette, a previously convicted felon who is prohibited from possessing firearms, illegally possessing a TriStar Arms, Hunter EX.12 gauge over-under double-barrel shotgun, which was found after Bissonette came into contact with law enforcement in January 2020 in Rapid City.

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 investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Black Hills Fugitive Task Force.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person, Conspiracy to Distribute a Controlled Substance, and Use of a Firearm During and in Relation to a Drug Trafficking Crime.

Harold Salway Jr., age 22, was indicted on June 23, 2022.  He appeared before U.S. Magistrate Judge Veronica Duffy on June 29, 2022, and pleaded not guilty to the Indictment.

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

The charges stem from Salway, unlawfully using and conspiring to distribute a controlled substance, possessing two 9mm semi-automatic pistols and a .22-250 bolt-action rifle between January 2021 and June 2022 in Rapid City.  The charges are merely an accusation and Salway is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 1, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Thomas Prado, age 57, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Prado was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 19, 2021.  He pleaded guilty to the indictment on March 25, 2022.  Prado was responsible for bringing between 1.5 and 5 kilograms of methamphetamine to South Dakota during his involvement in the conspiracy.  He obtained methamphetamine in California and shipped it to South Dakota via the U.S. Postal Service to post office boxes in Pine Ridge and Rushville, Nebraska.  On several occasions he also transported methamphetamine himself from California.  In South Dakota he dispersed the methamphetamine to others for use and distribution primarily in the Pine Ridge area.

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.

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

United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 30, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Christine Richards, age 26, was sentenced to 10 years in federal prison, followed by five years of supervised release, $170 restitution for drug testing costs, and a $100 special assessment to the Federal Crime Victims Fund.

Richards was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on December 21, 2021.  She pleaded guilty to the Indictment on April 8, 2022.  Richards was responsible for bringing between 1.5 and 5 kilograms of methamphetamine to South Dakota during her involvement in the conspiracy.  In South Dakota she dispersed the methamphetamine and recruited others as sub-distributors to sell for her.  Richards frequently traveled to the Pine Ridge Reservation to sell methamphetamine.

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.

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

United States Attorney Alison J. Ramsdell announced that a Waterloo, Iowa, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 5, 2022, by U.S. District Judge Karen E. Schreier.

Kurtis Jensen, age 43, was sentenced to nine years and six months in federal prison, followed by four years of supervised release, and was ordered to pay a special assessment of $100 to the Federal Crime Victims Fund.  

Jensen was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 6, 2021.  He pled guilty on April 7, 2022.

Beginning on an unknown date and continuing until April 6, 2021, Jensen reached an agreement or came to an understanding to distribute 50 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance, in the District of South Dakota.  During Jensen’s involvement, he purchased approximately four ounces of methamphetamine from a co-conspirator and transported it through South Dakota.  On May 17, 2020, he was stopped in a vehicle by a South Dakota Highway Patrol Trooper.  The trooper eventually searched the vehicle, found the four ounces of methamphetamine and arrested Jensen. Jensen intended to deliver the methamphetamine in his possession to a co-conspirator in Iowa.  At the time of Jensen’s arrest, he had an extensive criminal history and was on parole.  

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

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

 

 

 

United States Attorney Alison J. Ramsdell announced that a Howes, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Arnold Dean Buck Elk Thunder, Jr., age 55, was sentenced to 16 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.

Buck Elk Thunder was indicted by a federal grand jury on February 8, 2022.  He pled guilty on March 14, 2022.

Buck Elk Thunder was convicted of Sexual Contact with a Child under the age of 16 in May 2001.  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.  Between May 17, 2021, and January 11, 2022, Buck Elk Thunder failed to properly register as a sex offender and update his registration.

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

Buck Elk Thunder was immediately remanded to the custody of the U.S. Marshals Service.

United States Attorney Alison J. Ramsdell announced that a Phoenix, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance and Obstructing Justice by Retaliating Against a Witness, Victim or Informant, was sentenced on July 5, 2022, by U.S. District Judge Karen E. Schreier.

William Stevenson, age 56, was sentenced to 25 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Stevenson was indicted for Conspiracy to Distribute a Controlled Substance and Obstructing Justice by Retaliating Against a Witness, Victim or Informant, by a federal grand jury on January 4, 2022.  He was convicted by a jury on April 14, 2022.

Beginning on an unknown date, and continuing until on or about January 2021, Stevenson and others reached an agreement to distribute 500 grams or more of methamphetamine in the District of South Dakota and elsewhere. Stevenson and other co-conspirators brought eight kilograms of methamphetamine to South Dakota from Arizona to distribute.  Stevenson and his co-conspirators were arrested on December 13, 2020, when they tried to sell methamphetamine to an undercover agent.  While in jail after the arrest, Stevenson physically assaulted one of his co-conspirators in retaliation for the co-conspirator providing information to law enforcement.  

Stevenson’s co-conspirators pled guilty to Conspiracy to Distribute a Controlled Substance and have also been sentenced in this case.  Edwin Donis-Melgar, age 36, of Guatemala, was sentenced on October 12, 2021, and Luis Hernandez Parra, age 35, of Mexico, was sentenced on October 14, 2021.  Both Donis-Melgar and Hernandez Parra were sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Manuel Obregon-Robin, age 20, of Sioux Falls, South Dakota, was sentenced on February 28, 2022, to 37 months in federal prison, followed by two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

This case was investigated by the South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Drug Enforcement Administration.  Assistant U.S. Attorney Mark Hodges prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell has announced a new senior management team to lead the District’s enforcement mission. “The mission of the United States Attorney's Office for the District of South Dakota is today as it always has been - to impartially enforce and uphold the laws of the United States with the central goal of enhancing safety in our communities. That work will continue under the experienced leadership of our senior management team. Each of these individuals has dedicated their career to the pursuit of justice and bring to bear a tremendous amount of wisdom and integrity in support of the District’s mission.” 

USA Ramsdell named Gregg S. Peterman as First Assistant U.S. Attorney. Mr. Peterman joined the office as an Assistant U.S. Attorney (AUSA) in 1995 and has been the Supervisory Assistant U.S. Attorney in Rapid City since January 2012. As an AUSA, Mr. Peterman prosecuted violent crimes in Indian country, including murder, sexual abuse, aggravated assault, child abuse, and robbery. Mr. Peterman received the United States Attorney General’s Award for Exceptional Service in Indian Country in 2017, and the Executive Office for United States Attorneys (EOUSA) Director’s Award for Superior Performance in Indian Country in 2013. He presently serves on the Department of Interior’s Not Invisible Act Commission, and is a former member of the U.S. Attorney General’s Advisory Task Force on Domestic Violence in Indian Country. Mr. Peterman grew up in New Jersey and is a graduate of Syracuse University and Brooklyn Law School.

USA Ramsdell also named Assistant U.S. Attorney John E. Haak to serve as Chief of the Criminal Division. Mr. Haak joined the office as an AUSA in 2002 and has served as Deputy Criminal Chief for the District since 2015. Mr. Haak has also served as the District’s Senior Litigation Counsel, as well as the point of contact for the Attorney General’s Organized Crime and Drug Enforcement Task Force. In 2016 and 2018, Mr. Haak was recognized by the Drug Enforcement Administration for his outstanding contributions in the field of federal drug law enforcement. Prior to joining the U.S. Attorney’s Office, Mr. Haak spent fourteen years in the South Dakota Attorney General’s Office, first in the appellate division and then as a drug prosecutor. Mr. Haak grew up in Howard, South Dakota, and earned both his B.A. and J.D. from the University of South Dakota.

Assistant U.S. Attorney Diana J. Ryan will continue to serve as Chief of the Civil Division. Ms. Ryan joined the office in 1989 as a criminal prosecutor handling violent crime in Indian country. In 1997, Ms. Ryan transitioned to civil litigation, and in 2004, she became the Civil Chief. As Civil Chief, Ms. Ryan supervises all affirmative and defensive litigation for the District and runs the Financial Litigation Unit, which collects federal civil debts and enforces court orders for criminal restitution. Ms. Ryan is an experienced litigator who has been lead counsel on more than 150 criminal matters, 750 civil cases, and 89 appeals. She has served on the National Civil Chief’s Working Group and continues to serve as an Equal Employment Opportunity (EEO) counselor for EOUSA. In 1999, Ms. Ryan received an EOUSA Director’s Award for Superior Achievement in Promoting Equal Employment Opportunities. Ms. Ryan grew up in Mobridge, South Dakota, and earned both her B.A. and J.D. from the University of South Dakota.

Assistant U.S. Attorney Kevin M. Koliner will continue to serve as Chief of the Appellate Division. Mr. Koliner joined the office as an AUSA in 2006 and has served as Appellate Chief since January 2013. Over the last sixteen years, Mr. Koliner has prosecuted large-scale human trafficking cases, including several sex trafficking cases that resulted in multiple life sentences, and represented the federal government before the Eighth Circuit Court of Appeals across the full range of matters handled by the district, including complex civil cases, white collar crimes, sex abuse and other violent crimes, civil rights violations, cybercrimes, gun crimes, and drug conspiracies. He has been honored to serve as a Department of Justice representative at international meetings of experts aimed at crafting multinational human trafficking and human rights policies. Mr. Koliner grew up in Yankton, South Dakota, and is a graduate of the University of Minnesota and of the University of Virginia School of Law.

United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Failure to Withhold, Properly Account for, and Pay Over Tax was sentenced on June 30, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Frank Morrison, age 72, was sentenced to 13 months in federal prison, followed by two years of supervised release, and ordered to pay a $200,000 fine, $684,927.56 in restitution to the Internal Revenue Service (IRS), and a $100 special assessment to the Federal Crime Victims Fund

Morrison was charged on March 18, 2022, and pleaded guilty on April 1, 2022. The conviction stems from Morrison, while the owner of Thirsty’s Bar and Restaurant in Rapid City, failing to pay over taxes to the IRS after he withheld those taxes from his employees from 2008 through 2020. Morrison then used a large portion of those funds for his own personal use.

The investigation was conducted by IRS Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Alison J. Ramsdell announced that an Allen, South Dakota, woman convicted of Second Degree Murder was sentenced on June 30, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Jonnie Fineran, age 20, was sentenced to 21 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.

Fineran was indicted by a federal grand jury in August of 2020 and pleaded guilty on April 8, 2022. The murder charge stemmed from Fineran, acting with a juvenile cohort, killing a man by stabbing him repeatedly with a knife in July 2020 in Manderson, South Dakota.

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

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