District of South Dakota

United States Attorney Dennis R. Holmes announced today that a Latvian woman has been indicted by a federal grand jury for her role in a money laundering conspiracy.  She was recently extradited from Norway to face the federal charge and forfeiture allegations in South Dakota.

Lubova Burkute, age 40, was indicted on June 17, 2021.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 21, 2022, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution and forfeiture may also be ordered.

According to the indictment, in approximately 2015 and continuing until 2021, Burkute conspired and agreed with others to knowingly conduct and attempt to conduct financial transactions affecting interstate and foreign commerce.  Specifically, Burkute and her co-conspirators engaged in depositing, transferring, wiring, and withdrawing U.S. Currency, foreign currency, and funds at financial institutions, which involved the proceeds of specified unlawful activity – wire fraud.  Burkute and her co-conspirators knew that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership, or control of the proceeds of the fraud scheme.  While conducting and attempting to conduct such financial transactions, it is alleged that Burkute knew that the property involved in the financial transactions represented the proceeds of some form of unlawful activity.  Burkute resided in and operated from Norway, among other places, she is a citizen of Latvia.

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

The investigation is being conducted by the following agencies: 

-        Internal Revenue Service Criminal Investigation;

-        Federal Bureau of Investigation;

-        ØKOKRIM, the Norwegian National Authority for Prosecution and Investigation of Economic and Environmental Crime, Oslo, Norway;

-        Oslo, Norway, Police Department;

-        Department of Justice’s Office of International Affairs; and

-        South Dakota Division of Criminal Investigation.

Assistant U.S. Attorneys Jeremy R. Jehangiri and Ann M. Hoffman are prosecuting the case.

Burkute was remanded to the custody of the U.S. Marshals Service pending further proceedings and trial.  A trial date of May 31, 2022, has been set.

United States Attorney Dennis R. Holmes announced that a Boulder, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on March 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

James Ruttledge, age 50, was sentenced to 168 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Ruttledge was indicted by a federal grand jury on November 11, 2020.  He pled guilty on December 30, 2021.

The convictions stem from a conspiracy which began in March, 2020, in which Ruttledge conspired with others to knowingly and intentionally distribute methamphetamine in and around central South Dakota.  Rutledge brought large amounts of methamphetamine from Denver, Colorado, to the Winner, South Dakota, area to be distributed.  As part of the conspiracy, Ruttledge was involved in a traffic stop on August 28, 2020, in Tripp County, South Dakota, wherein 200 grams of pure methamphetamine and a firearm were found in Ruttledge’s possession.  Ruttledge is felon and an unlawful user of a controlled substance making him a prohibited person.  

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 Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Tripp County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan Dilges prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Vancouver, Washington, man convicted of Failure to Register as a Sex Offender was sentenced on March 21, 2022, by U.S. District Judge Karen E. Schreier.

Aidan Gianni Carl Bratt, age 21, was sentenced to 24 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bratt was indicted by a federal grand jury on August 3, 2021.  He pled guilty on December 21, 2021.

The conviction stems from Bratt failing to register as a sex offender as required by federal law between October 11, 2020 and January 12, 2021.  Bratt had previously been convicted of a sex offense in the State of Washington.  On October 8, 2021, Bratt traveled to South Dakota from Washington State and began to reside in South Dakota.  He knowingly failed to register his change of residence in either South Dakota and/or Washington, within three business days of his relocation, as required by law.

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

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

United States Attorney Dennis R. Holmes announced that a Todd County, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on March 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Alejandro Santistevan, age 21, was sentenced to 4 months in federal prison, followed by 2 years of supervised release, with the first 4 months to be served on home confinement, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Santistevan was indicted by a federal grand jury on September 9, 2020. He pled guilty on December 30, 2021.

The conviction stemmed from an incident that occurred in the early morning hours of May 18, 2020, in Todd County, South Dakota. On that date, Rosebud Sioux Tribe law enforcement officers responded to a report that Santistevan was drunk and causing a disturbance at a residence in the Okreek Community. Upon arrival to the residence, the officers found Santistevan lying under a tree. Santistevan did not respond to commands to show his hands, so one of the officers grabbed Santistevan’s foot to see if he was awake. Santistevan then became combative and assaulted one of the officers.

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

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

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on March 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Cassius Farmer, age 28, was sentenced to 15 months in federal prison, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Farmer was indicted by a federal grand jury on November 9, 2021.  He pled guilty on December 30, 2021.

The conviction stemmed from an incident that occurred on October 21, 2021, in Mission, South Dakota.  On that date, United States Marshals Service personnel and Federal Bureau of Investigation personnel were searching for Farmer, who had an arrest warrant for a violation of federal supervised release.  Farmer was located at an apartment building in Mission, but gave a false name.  Farmer was detained, at which point he informed the officers he was carrying a handgun.  The firearm was seized, and Farmer then properly identified himself.   

Farmer was convicted of Assault Resulting in Serious Bodily Injury in 2018, making it illegal for him to possess firearms and ammunition.  Farmer will forfeit ownership of the handgun and ammunition to the United States.

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 Dakota Territory Fugitive Task Force, the United States Marshals Service, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Dennis Holmes announced that a Martin, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Carly Rae Shott, age 23, was sentenced to 60 months in federal prison, four years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a handgun and ammunition.

Shott was indicted by a federal grand jury on September 9, 2020.  She pled guilty on December 20, 2021.

The conviction stemmed from an incident that occurred between August 2018 and August 2019, wherein Shott conspired with others to distribute over 50 grams of methamphetamine in South Dakota.  Further, on August 30, 2019, Shott was arrested in Eagle Butte, South Dakota, with approximately ten grams of methamphetamine, $6,166 in United States currency, and a loaded 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 investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.    

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

United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Jonathon Coleman, age 31, was indicted on March 8, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 18, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 5, 2021, in Fort Thompson, South Dakota, Coleman assaulted a man, which resulted in serious bodily injury.

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Brandon, South Dakota, man has been indicted by a federal grand jury for Attempted Enticement of a Minor Using the Internet.

Gatlin Wayne Herrera, age 29, was charged by Criminal Complaint on March 17, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on the same, 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, life years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March 7, 2022, and March 16, 2022, Herrera, using his cellular phone, attempted to knowingly persuade, induce, entice, and coerce, an individual, who had not attained the age of 18, namely an undercover law enforcement officer posing as a 15-year-old female, to engage in sexual activity for which Herrera could be charged.   

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

The investigation is being conducted by Homeland Security Investigations, with the assistance of the Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, the South Dakota Highway Patrol, the Air Force Office of Special Investigations, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Herrera was released on bond pending trial which has not been set yet.

United States Attorney Dennis R. Holmes announced that an Elk Point, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography.

Hector Paulin-Torres, age 33, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 16, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about September 18, 2021, Paulin-Torres knowingly employed, used, persuaded, induced, enticed, and coerced a minor female to engaged in sexually explicit conduct for the purpose of producing visual depictions, knowing such depictions would be transported in interstate or foreign commerce or mailed, and such visual depictions would be produced by any means, including by computer

The charge is merely an accusation and Paulin-Torres is presumed innocent until and unless proven guilty. 

The investigation is being conducted by Homeland Security Investigation, the Elk Point Police Department, and the Vermillion Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Paulin-Torres was remanded to the custody of the U.S. Marshals Service pending trial which has not been set yet.

United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted at a jury trial of one count of Receipt and Distribution of Child Pornography and one count of Transportation of Child Pornography was sentenced on March 15, 2022, by U.S. District Judge Charles B. Kornmann.

Vincent Michael Perez, age 37, was sentenced to 262 months in federal prison for each count to be served concurrently, 10 years of supervised release on each count to run concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Perez was indicted by a federal grand jury on August 17, 2020. 

The conviction stemmed from incidents between August 7 and August 17, 2019, when Perez knowingly received and distributed child pornography using a MeWe social media account.  Perez also uploaded pornographic images of children to the same social media account.  Law enforcement investigated the case after receiving a cybertip generated by MeWe.  A detective with the Watertown Police Department tracked the history of internet use to Perez.  The MeWe account contained numerous files of child pornography that Perez shared with other MeWe users.

This case was investigated by the Watertown Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Possession of Child Pornography.

Nathan Bushee, age 21, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 15, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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 on or about April 13, 2021, and December 20, 2021, Bushee knowingly possessed and attempted to possess materials which contain an images of child pornography.

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

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

Bushee was released on bond pending trial which has not been set yet.

United States Attorney Dennis R. Holmes announced that Joseph Elsey, age 27, of Eagle Butte, South Dakota, was found guilty of Assaulting, Impeding or Resisting a Federal Officer as a result of a federal jury trial in Pierre, South Dakota.  The verdict was returned on March 16, 2022.

The charge carries a maximum penalty of 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.  

Elsey was indicted by a federal grand jury on November 9, 2021. 

The conviction stems from an incident on October 26, 2020, in Ziebach County, South Dakota, when law enforcement was called to the residence where Elsey was staying to have him removed.  When law enforcement arrived, Elsey was detained but then became upset and attempted to get away from the officer.  While the officer was trying further detain Elsey, he struck the officer in the leg.  

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

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

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Larceny was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Derrick One Star, a/k/a Derek One Star, age 34, was sentenced to eight months in federal prison, followed by three years of supervised release, $12,775 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

One Star was indicted by a federal grand jury on August 10, 2021.  He pled guilty on October 7, 2021.

The conviction stemmed from an incident that occurred on March 28, 2021, near Mission.  On that date, Rosebud Sioux Tribe Law Enforcement Services officers responded to a report that One Star was causing a disturbance at a residence in the South Antelope Housing Community.  Officers made contact with One Star outside the residence and attempted to place him under arrest.  One Star pulled away from the officers and fled the scene on foot, with the officers pursuing him.  He then returned to the residence and stole a police patrol vehicle.  One Star was arrested following a short vehicle pursuit, during which he damaged the vehicle.

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

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

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting and Impeding a Federal Officer, and Domestic Assault by an Habitual Offender.

Anthony Kitteaux, Sr., age 29, was indicted on March 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 14, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to eight 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 that on January 24, 2022, in Todd County, South Dakota, Kitteaux did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe, and that such conduct involved physical contact.  The Indictment further alleges that, at the same place and date, Kitteaux unlawfully committed a domestic assault against a spouse or intimate partner and that, at the time of the domestic assault, Kitteaux had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.

The charges are merely accusations and Kitteaux 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.   

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

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation.

Talon Bettelyoun, Sr., age 30, was indicted on March 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 14, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on October 22, 2021, in Todd County, South Dakota, Bettelyoun unlawfully assaulted an intimate partner by strangling and suffocating her.

The charge is merely an accusation and Bettelyoun 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.   

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

United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Frances Sioux Montero, age 40, was sentenced to seven months in federal prison, followed by three years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Montero was indicted by a federal grand jury on August 10, 2021.  She pled guilty on September 30, 2021.

The conviction stemmed from an incident that occurred on May 12, 2021, in Eagle Butte. Montero knowingly and intentionally possessed methamphetamine with intent to distribute the drug. 

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

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

United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Harold Dean Johnson, Jr., age 42, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 11, 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 Johnson, 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 October 10, 2021, and March 1, 2022.

The charge is merely an accusation and Johnson 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.   

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

United States Attorney Dennis R. Holmes announced that two Sioux Falls, South Dakota, men and a Sioux Falls, South Dakota woman have been indicted by a federal grand jury for Making a False Statement in Connection with a Purchase of a Firearm.

Shyene Marie Clemens, age 25, Matthew Lebahn, age 23, and Jayden Guenther, age 20, were indicted on March 1, 2022.  Clemens appeared before U.S. Magistrate Judge Veronica L. Duffy on March 7, 2022.  Lebahn and Guenther appeared before U.S. Magistrate Judge Veronica L. Duffy on March 11, 2022.  All three defendants 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, 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 or about May 6, 2021, Clemens knowingly made a false and fictitious written statement to Gary’s Gun Shop.  Clemens falsely indicated that she was purchasing a firearm for herself, when, in fact, she was purchasing it for Guenther.

The Count 2 of the Indictment alleges that on or about August 27, 2021, Lebahn knowingly made a false and fictitious written statement to Scheels.  Lebahn falsely indicated that he was purchasing a firearm for himself, when, in fact, he was purchasing it for Guenther.

The charges are merely accusations and Clemens, Lebahn, and Guenther are presumed innocent until and unless proven guilty. 

The investigation is being conducted by Homeland Security Investigations, the Sioux Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

All three defendants were released on bond pending trial which has not been set yet.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person was sentenced on March 7, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Marcos Bear Shield, age 26, 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.

Bear Shield was indicted by a federal grand jury on March 18, 2021, and pleaded guilty on November 5, 2021.  The conviction stems from Bear Shield, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Smith & Wesson, model 442 Centennial Airweight, .38 Smith & Wesson Special caliber, double-action revolver and .38 Special caliber ammunition, which was found after Bear Shield came into contact with law enforcement in May 2020 at 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.

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on March 4, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Joshua Clark, age 34, 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.

Clark was indicted by a federal grand jury on March 18, 2021, and pleaded guilty on October 13, 2021.  The conviction stems from Clark, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing an O.F. Mossberg & Sons Incorporated, model M590A1, 12 Gauge, pump-action shotgun, and a Sturm, Ruger & Company Incorporated, model New Model Single-Six, .22 Long Rifle caliber, single-action revolver, which he had taken from a residence in New Underwood, South Dakota, in November 2020.

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 Pennington County Sheriff’s Office.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Trevor Red Bird, age 33, was indicted on March 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Red Bird was convicted of Abusive Sexual Contact in May 2008.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between December 7, 2021, and February 1, 2022, Red Bird a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that six members of a drug conspiracy based out of the Martin, South Dakota, area and the Pine Ridge Reservation have been convicted of Conspiracy to Distribute a Controlled Substance.  Four of the members have been sentenced in U.S. District Court by District Judge Jeffrey L. Viken, while two more await sentencing.  One additional person will stand trial in May.

Shadow Jensen, age 32, Wanblee, South Dakota, was sentenced to 10 years in federal prison, followed by five years of supervised release; Beau Imitates Dog, age 40, Martin, South Dakota, was sentenced to 10 years in federal prison, followed by five years of supervised release; Frank Milk, age 44, Wanblee, South Dakota, was sentenced to 13 years in federal prison, followed by five  years of supervised release; and Paul Moore, age 38, Kyle, South Dakota, was sentenced to 14 years in federal prison, followed by five years of supervised release.

Brett Schrum and Richard Bettelyoun have pleaded guilty and are awaiting sentencing.

Co-defendant Tracy Jones has pleaded not guilty and will stand trial in May 2022.   She is presumed innocent until and unless proven guilty.

The seven co-defendants were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on November 10, 2020. 

During the course of the conspiracy, pounds of methamphetamine were trafficked into South Dakota, primarily from Colorado.  Schrum, of Ft. Morgan, Colorado, brought the methamphetamine to various locations in South Dakota, primarily on the Pine Ridge reservation.  The other six co-defendants are from South Dakota.

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

Jensen, Imitates Dog, Milk, and Moore were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man and a Mellette County, South Dakota, woman have been indicted by a federal grand jury for First Degree Burglary, Assault With a Dangerous Weapon, and Using and Carrying a Firearm During and in Relation to a Crime of Violence.

Stephen Fallis, age 29, and Sativa Looking Cloud, age 20, were indicted on March 8, 2022.  They both appeared before U.S. Magistrate Judge Mark A. Moreno on March 10, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on February 16, 2022, in Mellette County, Fallis and Looking Cloud unlawfully entered and remained in a residence, and assaulted two victims with handguns.

The charges are merely accusations and Fallis and Looking Cloud are 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 Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Fallis and Looking Cloud were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for April 26, 2022.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Wamblee One Star, a/k/a Wamblee Kane, age 40, was sentenced to 24 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.

One Star was indicted by a federal grand jury on December 8, 2020.  He pled guilty on December 2, 2021.

The conviction stems from an incident on November 28, 2020, in Todd County, South Dakota, when One Star entered a convenience store and took the keys to a car from an individual.  When the victim attempted to get his keys back, One Star assaulted him with a knife causing a laceration to his hand.   

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

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

United States Attorney Dennis R. Holmes announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Chassidy Crazy Bull, age 19, was indicted on March 8, 2022.  She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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 that on September 21, 2021, in Lyman County, South Dakota, Crazy Bull did assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Bureau of Indian Affairs, Lower Brule Agency, and that such conduct involved the use of motor vehicle as a dangerous weapon.

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

The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency, South Dakota Highway Patrol, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan Dilges is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Spencer, Iowa, man convicted of Production of Child Pornography was sentenced on March 11, 2022, and a Sioux Falls, South Dakota, woman convicted of Sex Trafficking of a Child was sentenced on January 31, 2022.  Both were sentenced by U.S. District Judge Karen E. Schreier.

Ronald Dean Johnson, age 39, was sentenced to 240 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Melanie Joyce Hollingsworth, age 36, was sentenced to 210 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Johnson and Hollingsworth were indicted by a federal grand jury on February 2, 2021.  Johnson pled guilty on December 9, 2021, and Hollingsworth pled guilty on October 15, 2021.

The convictions stemmed from multiple incidents between on or about January 11, 2020, and October 10, 2020, when Johnson and Hollingsworth knowingly and intentionally recruited, enticed, harbored, transported, provided, obtained, and maintained by any means a juvenile female who had not attained the age of 18, to knowingly engage in commercial sexual acts.

Hollingsworth used texts, telephone calls, and apps on her phone to communicate with Johnson to set up commercial sexual acts.  The commercial sexual acts were followed by wire transmission of funds via Western Union.  Hollingsworth benefited financially from the commercial sexual acts by receiving funds, some of which were sent via Western Union.

Johnson videorecorded some of the sexual encounters with the minor female.

This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Both Johnson and Hollingsworth were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Striking, Beating, or Wounding, was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Donald Big Eagle, Jr., age 37, was sentenced to 42 months in federal prison for Assault with a Dangerous Weapon, and eight months in federal prison for Assault by Striking, Beating, or Wounding, with the sentences to be served consecutively, followed by three years of supervised release.  Big Eagle was also ordered to pay a special assessment to the Federal Crime Victims Fund, totalling $125, and to pay restitution in the amount of $400. 

Big Eagle was indicted by a federal grand jury on December 8, 2020, and he pled guilty on October 4, 2021, for the charge of Assault with a Dangerous Weapon.  For the charge of Assault by Striking, Beating, or Wounding, Big Eagle was indicted by a federal grand jury on June 8, 2021, and pled guilty on October 4, 2021. 

The Assault with a Dangerous Weapon conviction stemmed from an incident that occurred on November 23, 2018, in Fort Thompson, in which Big Eagle repeatedly stomped and kicked an intimate partner, while wearing steel-toed boots.  As a result of the assault, the victim sustained serious bodily injury to her torso, including multiple broken ribs and a collapsed lung. 

The Assault by Striking, Beating, or Wounding conviction stemmed from an incident that occurred on June 10, 2020, in Fort Thompson.  While sleeping in his vehicle, the victim was drug out of his truck and was beaten by a group of people.  An investigation in an unrelated matter led to DNA evidence and a confession from Big Eagle that he was a member of the group that assaulted the victim.

These cases were investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a former Rapid City, South Dakota, priest convicted of Engaging in Illicit Sexual Conduct in a Foreign Place was sentenced on March 11, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Marcin Stanislaw Garbarcz, age 43, 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.  This sentence was ordered to be served after Garbacz completes his sentence of seven years and nine months, which was handed down in November 2020 for his financial fraud and tax convictions following a March 2020 jury trial.

Garbacz was indicted by a federal grand jury on February 19, 2020, and pleaded guilty on November 8, 2021.  The charge stems from Garbacz, while traveling in Poland, video recording an unclothed minor.  The videos constituted production of child pornography.  The videos were later found on Garbacz’s computer following his arrest on the financial fraud charges.   

The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Walter Hanson, Jr., age 37, was sentenced to 60 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.

Hanson was indicted by a federal grand jury on February 8, 2021.  He pled guilty on December 2, 2021.

The conviction stems from an incident on September 10, 2020, in Cherry Creek, South Dakota, when Hanson accused his intimate partner of losing his EBT card and assaulted her causing serious bodily.  Hanson got out of the car they were in, drug the female out of the vehicle, and shoved her to the ground.  He then punched her, pulled her hair, kicked her in the stomach and chest area, and stomped on her left shoulder, breaking her left clavicle.  After the assault ended, Hanson found the EBT card in his own jacket pocket.  Hanson was classified as a Career Offender based upon a 2005 conviction for Voluntary Manslaughter and a conviction in 2016 for Assault with a Dangerous Weapon.     

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

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

United States Attorney Dennis R. Holmes announced that a Spring Valley, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 7, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Larre Hayes, age 37, was sentenced to 12 1/2 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  He also forfeited four firearms.

Hayes was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 19, 2021.  He pleaded guilty on November 1, 2021.  Hayes was involved in a conspiracy responsible for distributing between 1.5 and 5 kilograms of methamphetamine in the Rapid City area. Hayes brought methamphetamine from California to South Dakota with co-conspirator, Shelby Tripp Lien, who is currently awaiting trial.  Hayes also facilitated the mailing of methamphetamine from California to South Dakota.  During the conspiracy Hayes obtained firearms as payment for methamphetamine and also for personal protection.

This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, Bureau of Alcohol Tobacco and Firearms, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Brookings, South Dakota, man has been indicted by a federal grand jury for two counts of Production of Child Pornography.

Keenan Chidaushe, age 25, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 11, 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.

The Indictment alleges that between November 8, 2021 and November 19, 2021, and on December 19, 2021, Chidaushe knowingly employed, used, persuaded, induced, enticed, and coerced two juvenile females to engage in sexually explicit conduct for the purpose of producing visual depictions, knowing and having reason to know that such visual depictions would be transported in interstate and foreign commerce, or mailed, and such visual depictions would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer. 

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

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

Chidaushe was remanded to state custody pending trial, which has not been set.

United States Attorney Dennis R. Holmes announced that Homeland Security Investigations (HSI), with the assistance of the Internet Crimes Against Children Task Force (ICAC), South Dakota Division of Criminal Investigation (DCI), Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Highway Patrol, Air Force Office of Special Investigations, and the Federal Bureau of Investigation (FBI) conducted a joint online sex crimes operation that ran from March 6, 2022, through March 10, 2022.

As a result, the following five men were arrested:

Kent Mews, age 55, Sioux Falls, SD – Attempted Enticement of a Minor Using the Internet.

Zachary Murray, age 35, Brookings, SD – Attempted Enticement of a Minor Using the Internet.

Sky Thomas Roubideaux, age 22, Tea, SD – Attempted Enticement of a Minor Using the Internet.

Elliott Anderson, age 25, Sioux Falls, SD – Attempted Enticement of a Minor Using the Internet.

Jordan Matthew Hermanson, age 31, Sioux Falls, SD – Attempted Enticement of a Minor Using the Internet.

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

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

“This successful operation illuminates the continued threat child predators pose to our children,” said acting Special Agent in Charge Jamie Holt for Homeland Security Investigations (HSI) St. Paul.  “I want to thank our local, state, and federal law enforcement partners for teaming with us, and the South Dakota DCI’s ICAC task force, in this very important work.”

The cases are being federally prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.   

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

United States Attorney Dennis Holmes announced that an Olympia, Washington, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Lawrence Allan Swan, age 63, was indicted on January 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 20 years in federal prison and/or a $1,000,000 fine, lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between January 2020 and December 2021, in South Dakota and elsewhere, Swan knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 kilograms or more of marijuana.

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

The investigation is being conducted by the Corson County Sherriff’s Office, the South Dakota Division of Criminal Investigation, and the Bureau of Indian Affairs – Office of Justice Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of two counts of Possession of a Firearm by a Prohibited Person and one count of Possession of an Unregistered Firearm was sentenced on March 7, 2022, by U.S. District Judge Jeffrey L. Viken.

Eric Ladeaux, age 35, was sentenced to three seven-year terms in federal prison, to run concurrently.  Ladeaux was also sentenced to three three-year terms of supervised release, to run concurrently, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund.

Ladeaux, a person who is prohibited from possessing firearms, was arrested and federally indicted after he came into contact with Pennington County Sheriff’s Office deputies in December 2019, and Rapid City Police Department officers in September 2020, and was found to be in possession of firearms.  Ladeaux was also found to be in possession of an unregistered firearm during the September 2020 stop.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennington County Sheriff’s Office, and the Rapid City Police Department.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and False Statements.

Cassian Richards, age 19, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on March 7, 2022, and pleaded not guilty to the Indictment.

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

The charges relate to Richards killing another person in February 2022.  The charges are merely accusations and Richards is presumed innocent until and unless proven guilty. 

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

Richards was released from custody pending trial.  A trial date has been set for May 10, 2022.

United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Jose David Recio, Jr., age 26, was indicted on March 2, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 7, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that between on or about December 1, 2021, and February 15, 2022, Recio, who had previously been convicted of a sex crime under State Law, and traveled in interstate commerce, failed to register and update his registration under the Sex Offender Registration and Notification Act.

The charge is merely an accusation and Recio 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.   

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

United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, woman has been indicted by a federal grand jury for Child Abuse and Neglect and Involuntary Manslaughter.

Chelsea Andersh, age 26, was indicted on March 2, 2022.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 7, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about September 11, 2021, Andersh intentionally and knowingly abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven by subjecting him to an environment which was lacking in proper parental care through the actions and omissions of Andersh, and which was injurious to the child’s welfare.  Andersh’s actions led to the death of the child.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Charles Mix County Sheriff’s Office.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, man convicted of Failure to Register as a sex Offender was sentenced on March 7, 2022, by U.S. District Judge Karen E. Schreier.

Russell Duane Hubbeling, age 57, was sentenced to nine 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.

Hubbeling was indicted by a federal grand jury on October 5, 2021.  He pled guilty on December 1, 2021.

The conviction stems from Hubbeling failing to register as a sex offender as required by federal law between August 5, 2021, and September 2, 2021.  Hubbeling had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.

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

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man  convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 24, 2022, by U.S. District Judge Jeffrey L. Viken.

Melvin Corbine, age 44, was sentenced to four years in federal prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Corbine was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 23, 2020.  He pleaded guilty on September 24, 2021.  While involved in the conspiracy, Corbine distributed methamphetamine in the Rapid City area to others for use and distribution.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  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 National Guard, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for two counts of Receipt of Child Pornography and two counts of Possession of Child Pornography.

Titus Amiotte, age 21, was indicted on February 17, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on February 25, 2022, and pleaded not guilty to the Indictment.

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

Amiotte was federally indicted following a Cybertip from the National Center for Missing and Exploited Children.  The charges relate to Amiotte receiving and possessing child pornography between 2020 and 2022.  The charges are merely accusations and Amiotte is presumed innocent until and unless proven guilty. 

The investigation is a joint effort between the Internet Crimes Against Children Taskforce, Homeland Security Investigations, South Dakota Division of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Heather Sazama is prosecuting the case.

Amiotte was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 3, 2022.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor and Abusive Sexual Contact.

Howard Blue Bird, age 44, was indicted on November 18, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on March 2, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 years in federal prison and/or a $250,000 fine, up to life of supervised release, and a $200 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Blue Bird knowingly engaging in a sexual act with a minor in 2018 near Porcupine, South Dakota.

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

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

Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for May 10, 2022.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 7, 2022, by U.S. Magistrate Judge Mark A. Moreno.

Carlianna Erickson, a/k/a Carlianna Erickson-Redday, age 25, was sentenced to nine months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Erickson was indicted by a federal grand jury on June 8, 2021.  She pled guilty on January 31, 2022.

The conviction stemmed from an incident that occurred on May 4, 2021, in Todd County, South Dakota.  On that date, Erickson assaulted a corrections officer at the Rosebud Sioux Tribe Adult Correctional Facility.

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

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

United States Attorney Dennis R. Holmes announced that a Manderson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 3, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

James Shawn Jumping Eagle, age 46, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay $100 in special assessments to the Federal Crime Victims Fund.

Jumping Eagle was indicted for the charge by a federal grand jury on March 2, 2021, and pleaded guilty on April 7, 2021.

The conviction stemmed from Jumping Eagle failing to register as a sex offender as required by federal law between February 9, 2021, and February 20, 2021.  Jumping Eagle had previously been convicted of a sex offense in federal court, which required him to register for the rest of his life.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Heather Sazama prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Production of Child Pornography and Transfer of Obscene Materials to Minor.

Luke John Schauer, age 28, was indicted on March 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 4, 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.

The Indictment alleges that between January 18, 2022, and February 4, 2022, Schauer attempted to employ, use, persuade, induce, entice, and coerce an OCE undercover agent posing as a 12-year-old female minor, to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing and having reason to know that such depictions would be transported in interstate or foreign commerce or mailed, and such depictions would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.

The Indictment also alleges that during the same periods of time, Schauer knowingly used his cellular phone to transfer and attempt to transfer obscene materials to the same undercover agent posing as a 12-year-old child.

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

The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation, with cooperation from the Sioux Falls Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Schauer was released pending trial which has been scheduled for April 19, 2022.

United States Attorney Dennis Holmes announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Witness Tampering.

Jerome Moses Goodhouse, Jr., age 30, was indicted on January 12, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 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, a lifetime of supervised release, $100 to the Federal Crime Victims Fund, and $5,000 to the Domestic Trafficking Fund.  Restitution may also be ordered.

The Indictment alleges that in 2017 at McLaughlin, Goodhouse sexually abused two minor victims.  He also knowingly intimidated and threatened one of his victims to not report what he had done to law enforcement.   

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

The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Goodhouse was released on bond pending trial.  A trial date was set for April 19, 2022.

United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Robert Stricker, age 48, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 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.

Stricker was convicted of Abusive Sexual Contact with a Minor in 2013.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between September 2021 and February 2022, Stricker, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis Holmes announced that a Watauga, South Dakota, man has been indicted by a federal grand jury for Larceny.

Arlen Eugene Kern, age 57, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to five 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 that between April 2018 and June 2020, in McIntosh, South Dakota, Kern stole over $1,000 in United States currency and tangible goods from his place of employment.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Corson County Sheriff’s Office.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization. 

Joshua Iron Cloud, Sr., age 38, was indicted on September 8, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2021, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is up to five years in 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 that between March and May 2020, Iron Cloud embezzled, stole, and converted more than $1,000 of monies, funds, and credits belonging to Oyate Community Development Corporation of the Standing Rock Sioux Tribe, an Indian Tribal Organization.  It is alleged that Iron Cloud used those monies on personal items and expenditures.

The charge is merely an accusation, and the defendant is presumed innocent until and unless proven guilty. 

The 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: Federal Bureau of Investigation; 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 Inspector Service; 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.

The investigation is being conducted by the U.S. Attorney’s Office and Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy Jehangiri is prosecuting the case.

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

United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Jason Kimmel, Sr., age 40, was sentenced to 31 months in federal prison, to run concurrently with 18 months sentenced in another file, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Kimmel was indicted by a federal grand jury on April 13, 2021.  He pled guilty on November 22, 2021.

Kimmel was convicted of Sexual Abuse of a Minor in 2005.  As a result of this conviction, he is required to register as a sex offender.  Between February 10, 2021, and April 1, 2021, Kimmel, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, 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 Troy R. Morley prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 28, 2022, by U.S. District Judge Jeffrey L. Viken.

Christopher Truax, age 35, was sentenced to 14 years in federal prison, followed by lifetime supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Truax will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Truax was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2020 Sturgis Motorcycle Rally, targeting internet predators.  Following multiple chats and text messages with a person Truax believed to be a 13-year old girl, but who was in fact an undercover agent, he proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts.  When Truax went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

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

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