District of South Dakota

United States Attorney Dennis R. Holmes announced that a Winner, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Amber Heth, age 34, was sentenced to 37 months in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Heth was indicted by a federal grand jury on December 8, 2020.  She pled guilty on November 1, 2021.

The conviction stemmed from a conspiracy wherein Heth was involved with others, including her sister, to distribute over 50 grams or more of methamphetamine in and around Winner, South Dakota.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Koty Arcoren, age 30, was sentenced to 28 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.

Arcoren was indicted by a federal grand jury on April 13, 2021.  He pled guilty on October 28, 2021.

The conviction stemmed from an incident that occurred on March 7, 2021, in St. Francis, wherein Arcoren approached a man who was sitting in a parked car and confronted him.  Arcoren then produced a large knife and swung it at the man.  The man raised his arm to protect himself and Arcoren cut the man’s finger with the knife.

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

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

United States Attorney Dennis Holmes announced that a Faulkton, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Frank Daniel Facinelli, age 50, was sentenced to 60 months in federal prison, followed by four 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.

Facinelli was indicted by a federal grand jury on February 8, 2021.  He pled guilty on November 4, 2021.

The conviction stemmed from a conspiracy beginning no later than October 1, 2020, wherein Facinelli was involved with others outside of South Dakota to distribute 50 grams or more of methamphetamine in and around Faulkton, South Dakota.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, and the Faulk County Sheriff’s Office.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.   

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

United States Attorney Dennis R. Holmes announced that a White River, South Dakota, man convicted of Third Degree Burglary was sentenced on February 2, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Kurt Bartlett, age 28, was sentenced to time served from his arrest on July 9, 2020, through March 3, 2022, equal to approximately 20 months in custody, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $6,275.52 in restitution.

Bartlett was indicted by a federal grand jury on February 8, 2021.  He pled guilty on November 14, 2021.

The conviction stemmed from an incident that occurred in the early morning hours of July 9, 2021, in Mission, South Dakota, wherein Bartlett broke into and burglarized the Todd County School District Bus Shop.  Bartlett used a pickup truck that was parked in the shop to break open a garage door and an outside gate.  He then stole a Chevrolet Suburban that was parked in the shop and drove away.  Bartlett and the Suburban were located later that day by Mellette County Sheriff’s Office Deputies in White River.  Bartlett was arrested on an outstanding warrant for a state parole violation.  He was questioned and admitted to stealing the Suburban.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Mission Police Department, and the Mellette County Sheriff’s Office.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man convicted of Child Abuse was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Jeremy Iron, a/k/a Jeremy Red Tomahawk, age 37, was sentenced to 16 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.

Iron was indicted by a federal grand jury on March 9, 2021.  He pled guilty on October 29, 2021.

The conviction stemmed from an incident that occurred on September 9, 2020, in Todd County, South Dakota, wherein Iron argued with a 15-year-old girl and then assaulted her by pulling her hair and bending her fingers back.

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

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

United States Attorney Dennis R. Holmes announced that a Milbank, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on February 2, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Delvin Eagle Chasing, a/k/a Delvin Baumgarten, age 36, was sentenced to 36 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.

Eagle Chasing was indicted by a federal grand jury on May 11, 2021.  He pled guilty on November 11, 2021.

The conviction stemmed from a traffic stop that occurred on January 12, 2021, on the Cheyenne River Sioux Indian Reservation in South Dakota.  An eventual search of the vehicle revealed 37 grams of methamphetamine, a Schedule II controlled substance.

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 Meghan N. Dilges prosecuted the case.

Eagle Chasing 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, woman convicted of Sex Trafficking of a Child was sentenced on January 31, 2022, by U.S. District Judge Karen E. Schreier.

Melanie Joyce Hollingsworth, age 37, 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.

Hollingsworth was indicted by a federal grand jury on February 2, 2021.  She pled guilty on October 15, 2021.

The conviction stemmed from incidents between January 11, 2020, and October 10, 2020, when Hollingsworth sex trafficked a minor female.  Hollingsworth knowingly and intentionally recruited the juvenile female to engage in commercial sexual acts with men in the Sioux Falls area.  Hollingsworth communicated with customers using her cellular telephone, sending text messages and calling them to arrange the sexual acts.  Hollingsworth received money for the commercial sexual acts in the form of cash and Western Union wire transfers.

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

Hollingsworth 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.

Travis Peneaux, age 46, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 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 November 14, 2021, in Todd County, South Dakota, Peneaux did 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 charge is merely an accusation and Peneaux 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.   

Peneaux was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 22, 2022.

United States Attorney Dennis R. Holmes announced that a Long Valley, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault on a Federal Officer, and Assault with a Dangerous Weapon.

Eric Blue Bird, age 30, was indicted on January 20, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on January 21, 2022, and pleaded not guilty to the Indictment.

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

The Indictment alleges that on January 16, 2022, in Pine Ridge, Blue Bird kidnapped and assault a federal law enforcement officer.  The charges are merely an accusation and Blue Bird is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Blue Bird was detained pending trial.  A trial date has been set for March 29, 2022. 

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

Marvel Dion, age 36, was indicted on March 9, 2020.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 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 February 1, 2020, in Fort Thompson, Dion attempted to flee out of the back of a house and began striking an officer after being informed she was being placed under arrest.

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

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

Dion 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 an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Toni Carole Cochran, age 26, was indicted on January 11, 2022.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 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 November 3, 2021, in Dewey County, South Dakota, Cochran assaulted a woman and that assault resulted in serious bodily injury.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Carl Thunem 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 Dennis R. Holmes announced that two Rapid City, South Dakota, people have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Amber Ashlin, age 33, and Eugene Perez, age 42, were indicted on January 20, 2022.  They appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2022, and pled not guilty to the Indictment.

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

The charge stems from Ashlin and Perez conspiring with each other and others to distribute methamphetamine in Deadwood and Rapid City between January 2018 and December 2021.  Both are previously convicted felons who are prohibited from possessing firearms and were illegally in possession of semi-automatic pistols in September 2021.   The charges are merely an accusation and Ashlin and Perez 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Unified Narcotics Enforcement Team (UNET), which is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard.  Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.   

Ashlin and Perez were detained pending trial.  A trial date has not been set.

United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, man and woman have been indicted by a federal grand jury for Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Tampering with a Victim, and Evidence Tampering.

Russell Eagle Bear, age 39, and Cleo Kills In Water, age 39, were indicted on January 20, 2022.  Eagle Bear appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 2022, and Kills In Water appeared before U.S. Magistrate Judge Mark A. Moreno on January 27, 2022.  Both 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 between December 6, 2021, and December 7, 2021, in Mellette County, South Dakota, Eagle Bear and Kills In Water kidnapped and held a man and woman against their will and assaulted both the man and woman with a dangerous weapon; the assault against the male resulted in serious bodily injury.  Eagle Bear and Kills In Water further destroyed evidence of their crime and made threats to both victims in an attempt to prevent them from reporting their actions to law enforcement.

The charges are merely accusations and Eagle Bear and Kills In Water are presumed innocent until and unless proven guilty. 

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

Eagle Bear and Kills In Water were 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 Matthew Carter, age 31, of Yankton, South Dakota, was found guilty of Possession of Child Pornography as a result of a federal jury trial in Sioux Falls, South Dakota. 

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

Carter was indicted by a federal grand jury on May 4, 2021. 

While Carter was in jail in January 2021, he called his dad and directed him to retrieve some property that Carter hid above the ceiling tile in his bathroom.  An officer listening to the jail call went to Carter’s residence and found a computer hard drive above the ceiling tile.  Forensic examination of the hard drive revealed 60 video files containing child pornography.

This case was investigated the Yankton Police Department, the South Dakota Division of Criminal Investigation, and Homeland Security Investigations.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Lakewood, Colorado, man convicted of Subornation of Perjury and Conspiracy to Commit Subornation of Perjury was sentenced on January 21, 2022, by Judge Karen E. Schreier, U.S. District Court.

Jason Patrick Baca, age 35, was sentenced to five years in federal prison on each count, to run consecutively, followed by three years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Baca was indicted by a federal grand jury on May 21, 2019, and pleaded guilty on December 22, 2021.  The conviction stems from Baca threatening a material witness and dissuading the witness from testifying truthfully in the September 2021 jury trial for the 2016 assault and shooting death of Vincent Von Brewer III.

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah Collins and Benjamin Patterson prosecuted the case.           

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

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

Jesse James Leader Charge, age 26, was indicted on September 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 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, mandatory minimum five years of supervised release, up to life, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 6, 2021, and September 14, 2021, in the District of South Dakota, Leader Charge, 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 his registration.

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

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

Leader Charge 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 Parmelee, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Hehaka Thunder Hawk, age 38, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 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, any term of years, not less than five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between September 1, 2020, and September 30, 2020, in the District of South Dakota, Thunder Hawk knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Abby Roesler is prosecuting the case.   

Thunder Hawk 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 Patrick Medearis, age 38, of Mission, South Dakota, was found guilty of Prohibited Person in Possession of a Firearm as a result of a federal jury trial in Pierre, South Dakota. 

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

Medearis was indicted by a federal grand jury on July 16, 2020.  The conviction stems from an incident that occurred on April 22, 2020, in Todd County, South Dakota.  On that date, law enforcement was searching for Medearis based on an alleged domestic violence incident that occurred the previous day, wherein he was suspected of possessing a firearm.  Medearis was located at a residence south of Mission.  When law enforcement arrived, Medearis attempted to flee in a vehicle.  He was subsequently apprehended, and a .22 caliber long rifle and a 12-gauge shotgun were located in the passenger seat of the vehicle.

Medearis has three prior felony convictions.  He was convicted of Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance in U.S. District Court in 2006.  He was convicted of Child Abuse and Neglect in U.S. District Court in 2010.  He was convicted of Assaulting, Resisting, and Impeding a Federal Officer in U.S. District Court in 2017.  As a result of these convictions, it is illegal for Medearis to possess firearms or ammunition. Medearis will forfeit ownership of the firearms 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 Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

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

Cletus Gerald Williams, III, a/k/a C.J. Williams, age 25, was indicted on January 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Williams was convicted of Sexual Abuse of a Minor in April 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between October 28, 2021, and January 4, 2022, Williams, 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 Williams 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.   

Williams 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 Howard, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography.

Lee James Thames, age 26, was indicted on January 4, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between on or about March 16, 2021, and April 29, 2021, Thames knowingly employed, used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing that such depictions would be transported in interstate or 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 charge is merely an accusation and Thames is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Thames was remanded to the custody of the U.S. Marshals Service pending trial which has been set for March 22, 2022.

United States Attorney Dennis R. Holmes announced that two Kyle, South Dakota, men have been charged in federal court with First Degree Murder.

Stetson Eagle Elk, age 28, was charged on January 12, 2022, and Gary Little Bull, Jr., age 29, was charged on January 13, 2022.  They appeared before U.S. Magistrate Judge Daneta Wollmann on January 14,  2022, and pled not guilty to the charges.

The maximum penalty upon conviction is mandatory life 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 Eagle Elk and Little Bull shooting and killing Todd Little Bull in August 2016 in Kyle.  The charges are merely an accusation and Eagle Elk and Little Bull are presumed innocent until and unless proven guilty. 

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

Eagle Elk and Little Bull were detained pending a preliminary hearing on the charges. 

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

Tanner Kills Enemy, age 23, was indicted on January 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 13, 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 Kills Enemy, a person required to register as a sex offender, knowingly failed to register and update his registration between November 12, 2021, and December 16, 2021, while living in St. Francis on the Rosebud Sioux Indian Reservation. 

The charge is merely an accusation and Kills Enemy is presumed innocent until and less proven guilty.

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

Kills Enemy 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 have been indicted by a federal grand jury for Possession of a Stolen Firearm and Drug User in Possession of a Firearm.

Harry Nyemah, age 18, and Ebenezer Jatenaw, age 18, were indicted on January 4, 2022.  They both appeared before U.S. Magistrate Judge Veronica L. Duffy on January 12, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about December 14, 2021, Nyemah and Jatenaw were found in possession of a stolen firearm, a Rock River Arms LAR 15, 5.56x45mm NATO Caliber, semi-automatic pistol, which had been previously shipped and transported in interstate and foreign commerce.  Nyemah is also alleged to be an unlawful user of a controlled substance in possession of a firearm.

The charges are merely accusations and Nyemah and Jatenaw are presumed innocent until and unless proven guilty. 

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

Nyemah and Jatenaw were released on bond pending trial which has been set for March 22, 2022.

United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of Minors and Possession of Child Pornography.

Shayne Justin Begay, age 44, was indicted on December 21, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on December 29, 2021, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 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.

The charges relate to Begay filming minor females while they showered at the Juvenile Detention Center in Kyle, South Dakota, where he was employed as a corrections officer.  The charges are merely an accusation and Begay is presumed innocent until and unless proven guilty. 

The investigation is a joint effort between the Federal Bureau of Investigation and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Begay was released on conditions pending trial.  A trial date has been set for March 8, 2022. 

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

Arvin Brave Bird, age 52, was indicted on January 11, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 13, 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.

Brave Bird was convicted of Abusive Sexual Contact in April 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between December 2, 2021, and December 16, 2021, Brave 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 Brave 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.   

Brave 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 the District of South Dakota collected $9,315,964.19 in criminal and civil actions in FY 2021.  Of this amount, $4,224,092.52 was collected in criminal actions and $5,091,871.67 was collected in civil actions. 

The District of South Dakota periodically works with the Civil Division in Washington D.C.  In FY 2021, South Dakota shared in the collection of $10,499,321.88 in Health Care Fraud matters, resulting in a shared total amount of $15,591,193.55.

Of the total collections in criminal actions, $3,933,092.26 was recovered for the victims of crime.  The remaining amount, $291,000.26, was sent to the Crime Victims Fund.  This fund distributes money collected to federal and state victim compensation and victim assistance programs.

Additionally, the District of South Dakota, working with partner law enforcement agencies and divisions, collected $44,629 in asset forfeiture in FY 2021.  These funds are used, in part, to restore funds to crime victims.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

United States Attorney Dennis R. Holmes announced that a Plano, Texas, man, and a Niobrara, Nebraska, woman have been indicted by a federal grand jury for Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon.

Alexis Delarosa, age 31, and Justina Tuttle, age 37, were indicted on September 8, 2021.  Tuttle appeared before U.S. Magistrate Judge Veronica L. Duffy on December 16, 2021, and Delarosa appeared before U.S. Magistrate Judge Veronica L. Duffy on January 10, 2022.  They both 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 five years of supervised release, and up to $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about December 21, 2020, both Delarosa and Tuttle murdered George Cournoyer, Jr. and aided and abetted each other in doing so.  The Indictment also alleges that Delarosa assaulted Cournoyer with a hammer, and that Tuttle assaulted Cournoyer with a baseball bat.

The charges are merely accusations and Delarosa and Tuttle are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and Yankton Sioux Law Enforcement.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Delarosa was returned to State custody and Tuttle was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 15, 2022.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 7, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 39, was sentenced to 20 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.

Escarsega was indicted by a federal grand jury on October 14, 2020.  He pled guilty on October 14, 2021.

Escarsega was convicted of Aggravated Sexual Abuse in July 2003.  As a result of this conviction, he is required to register as a sex offender.  On August 7, 2020, Escarsega updated his sex offender registration to reflect that he was residing at an address in Rapid City.  Escarsega subsequently failed to reside at his registered address and absconded from federal supervised release.  Between August 10, 2020, and October 14, 2020, Escarsega 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 Kirk Albertson prosecuted the case.

Escarsega 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 Failure to Register as a Sex Offender was sentenced on January 6, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Roy Brushbreaker, III, age 27, was sentenced to time served through April, 25, 2022, equal to approximately 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.

Brushbreaker was indicted by a federal grand jury on August 19, 2021.  He pled guilty on September 30, 2021.

Brushbreaker was convicted of Abusive Sexual Contact in April 2019.   As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment.  On May 10, 2021, Brushbreaker moved out of his registered address in Rapid City and thereafter failed to update his registration. His whereabouts were unknown until he was arrested in Rapid City on July 22, 2021.

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

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

United States Attorney Dennis R. Holmes announced that a Parmelee, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on January 6, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Odell Good Shield, age 34, was sentenced to time served through February 15, 2022, equal to approximately seven months, followed by three years of supervised release, with the first three months to be served on home confinement, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Good Shield was indicted by a federal grand jury on May 11, 2021.  He pled guilty on October 6, 2021.

The conviction stemmed from an incident that occurred in the early morning hours of March 17, 2021.  On that date, Rosebud Sioux Tribe Law Enforcement Service officers responded to a report that Good Shield was drunk and causing a disturbance at a residence in Todd County, South Dakota.  Good Shield was subsequently arrested and transported to the Rosebud Sioux Tribe Adult Correctional Facility.  During the transport, the arresting officer pulled over the patrol vehicle to secure Good Shield’s wrist restraints.  Another officer stopped to assist. Good Shield then became non-compliant and kicked the assisting officer in the chest.

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

Good Shield 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 Influencing a Federal Officer by Threat was sentenced on January 6, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Donovan Jace Oakie, age 24, 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.

Oakie was indicted by a federal grand jury on July 13, 2021.  He pled guilty on September 30, 2021.

The conviction stemmed from an incident that occurred on June 30, 2021, in Todd County, South Dakota.  On that date, Rosebud Sioux Tribe Law Enforcement Services personnel, Federal Bureau of Investigation personnel, and U.S. Marshals Service personnel were searching for Oakie, who had an arrest warrant for a violation of federal supervised release.  Oakie was located at a residence in the South Antelope Housing Community, near Mission.  Oakie fled from the residence and attempted to hide in an area of overgrown brush.  He ignored commands to surrender and threatened to shoot a deputy U.S. Marshal.  Oakie attempted to flee again, at which point he was apprehended and taken into custody.

This case was investigated by the U.S. Marshals Service, the Federal Bureau of Investigation, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Dennis Holmes announced that a Mission, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 6, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Mareca Rodriquez, age 30, was sentenced to 60 months in federal prison, followed by four years of supervised release, a fine in the amount of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Rodriquez was indicted by a federal grand jury on April 13, 2021.  She pled guilty on September 30, 2021.

The conviction stemmed from a traffic stop that occurred on March 3, 2021, in Mission.  Rodriquez knowingly possessed approximately 329 grams of methamphetamine with intent to distribute it.

This case was investigated by the Rosebud 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.

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

United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, man convicted of Voluntary Manslaughter was sentenced on January 3, 2022, by U.S. District Judge Karen E. Schreier.

Ronald Bohn, age 51, was sentenced to 97 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.

Bohn was indicted by a federal grand jury on October 6, 2020.  He pled guilty on October 15, 2021.

The conviction stemmed from an incident on September 15, 2020, when Bohn fatally stabbed Isaac Primeaux, Jr.  Bohn was at Primeaux’s apartment in Wagner.  At some point during the evening, an argument broke out and Bohn grabbed a knife and stabbed Primeaux deeply in the chest, killing Primeaux. 

This case was investigated by the Federal Bureau of Investigation, Yankton Sioux Law Enforcement, Charles Mix County Sheriff’s Office, Wagner Police Department, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 3, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Michael LeBeau Sr., age 36, was sentenced to seven years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  LeBeau was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on February 19, 2020.  He pleaded guilty on June 17, 2020.  His sentencing was delayed because LeBeau absconded from a furlough between June 23, 2020, and August 2021.

During the course of the conspiracy, LeBeau obtained approximately a pound of methamphetamine from multiple sources.  From approximately December 2017 through March 2020, LeBeau distributed the methamphetamine to others.  During a search of his residence, law enforcement located a handgun, methamphetamine, and distribution paraphernalia.  On another occasion, LeBeau fled from law enforcement and was located after a short foot pursuit.

This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the Federal Bureau of Investigation, 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.

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

United States Attorney Dennis R. Holmes announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Eric Paul Archambault, age 32, was indicted on October 13, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 5, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between 2018 and 2021, on the Standing Rock Sioux Indian Reservation in South Dakota and North Dakota, Archambault knowingly and intentionally conspired to distribute and possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

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

The investigation is being conducted by the Mobridge Police Department, Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Archambault was released on bond pending trial.  A trial date was set for March 15, 2022.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.

Perry Joseph Fogg, age 23, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2021, 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 July 19, 2021, in Mellette County, South Dakota, Fogg killed a man by striking him with a vehicle.

The charge is merely an accusation and Fogg 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 Abby Roesler is prosecuting the case.   

Fogg 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 Pierre, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.

Travis Rolf, age 43, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2021, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on June 4, 2020, in Dewey County, South Dakota, Rolf, being an unlawful user of a controlled substance, did knowingly possess a firearm.

The charge is merely an accusation and Rolf 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 Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Rolf was released on bond pending trial.  A trial date has been set for March 1, 2022.

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

Edward Zane Roubideaux, Jr., age 31, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 22, 2021, 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.

It is alleged that between July 3, 2021, and August 6, 2021, Roubideaux, 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 Roubideaux is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service and the Sioux Falls Police Department.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.

Cameron Fanning, age 23, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2021, 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 August 6, 2021, in Mission, South Dakota, Fanning, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm.

The charge is merely an accusation and Fanning 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 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.   

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

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

Harland Bernard Johnson, age 73, was indicted on November 18, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on December 15, 2021, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 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.

Johnson was federally indicted following a Cybertip from the National Center of Missing and Exploited Children.  The charges relate to Johnson producing child pornography between October 2018 and November 2018, as well as receiving and possessing child pornography between January 2018 and February 2021, at Rapid City.  The charges are merely accusations and Johnson 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 Sarah B. Collins is prosecuting the case.

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

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

Mikal John White Mountain, age 38, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that White Mountain, a person required to register as a sex offender, knowingly failed to register and update his registration after traveling in interstate commerce and residing in Indian country between September 4, 2021, and December 14, 2021, while living in McLaughlin.

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

The investigation is being conducted by U.S. Marshals Service, the Corson County Sheriff’s Office, the North Dakota Division of Criminal Investigation, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Obstruction of Justice, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Assaulting, Resisting, and Impeding A Federal Officer.

William Eagle Thunder, Jr., age 30, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 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 multiple occasions between August and October of 2021, in Lower Brule, Eagle Thunder kidnapped and assaulted an intimate partner and prevented the victim from seeking medical care for injuries. He also assaulted a federal law enforcement officer. 

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

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

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

Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Mitchum Dupris, age 32, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 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 between October 8, 2014, and March 4, 2017, in Eagle Butte and Cherry Creek, South Dakota, Dupris engaged in and attempted to engage in sexual acts with minors who had not attained the age of 12 years old.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Dupris was released on bond pending trial.  A trial date for February 8, 2022 has been set.

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

Todd Kal Wilcox, age 41, was indicted on October 13, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 17, 2021, 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 July 15, 2021, in Todd County, South Dakota, Wilcox did assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon.

The charge is merely an accusation and Wilcox 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 Abby Roesler is prosecuting the case.   

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

Acting 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.

Gregory Kent Davis, age 61, was indicted on December 7, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 17, 2021, 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 between June 22, 2021, and July 21, 2021, Davis who had been convicted under State law, and having traveled in interstate commerce, knowingly failed to register and update his registration.

The charge is merely an accusation and Davis 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.   

Davis was remanded to the custody of the State pending trial which has been set for February 22, 2022.

Acting United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Willard Henry, Jr., age 41, was sentenced to two months in federal prison, followed by six months of home confinement, two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Henry was indicted by a federal grand jury on March 9, 2021.  He pled guilty on September 23, 2021.

The conviction stemmed from an incident that occurred on February 3, 2021, in Todd County, South Dakota.  On that date, Rosebud Sioux Tribe Law Enforcement Services officers responded to multiple calls of a pickup truck being driven recklessly near St. Francis.  Officers located the vehicle in a field and made contact with Henry, the driver and sole occupant.  Henry refused to exit the vehicle and placed his hand on a rifle that was in the vehicle. Officers subsequently removed the rifle, a Winchester 30-30 caliber long rifle, from the vehicle and placed Henry under arrest.  Multiple rounds of ammunition were also located in the vehicle.  Henry will forfeit ownership of the rifle 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 Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

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

Terry Zoppe, age 45, was indicted on December 7, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 13, 2021, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between September 19, 2017, and March 23, 2021, and again between April 18, 2020, and March 23, 2021, Zoppe knowingly transported child pornography using the Internet.  Zoppe uploaded graphic images and video files depicting one or more minors engaged in sexually explicit conduct into his Google Photos account.

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

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

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

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

Herbert Sittingcrow, age 45, was indicted on December 7, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 9, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March 19, 2021, and October 21, 2021, Sittingcrow knowingly transported child pornography using the Internet.  Sittingcrow uploaded graphic images and video files depicting one or more minors engaged in sexually explicit conduct into his Kik Messenger user account and Google email account.

The charges are merely accusations and Sittingcrow 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.   

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

Acting United States Attorney Dennis Holmes announced that an Oacoma, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Darrell Bear Robe, age 32, was sentenced to twelve months and one day 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.

Bear Robe was indicted by a federal grand jury on May 11, 2021.  He pled guilty on September 23, 2021.

Bear Robe was convicted in 2008 for Abusive Sexual Contact.  As a result of this conviction, he is required to register as a sex offender and to update his registration under the Sex Offender Registration and Notification Act.  Between October 25, 2020, and November 25, 2020, Bear Robe moved out of his previously registered address and failed to update his registration with a new address.

This case was investigated by the U.S. Marshals Service and the Lyman County Sheriff’s Office.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Thomas Pacheco, Sr., age 30, was sentenced to 120 months in federal prison, followed by five years of supervised release, $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Pacheco was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on August 11, 2020.  He pled guilty on June 21, 2021.

Between January 1, 2015, and January 1, 2020, Pacheco was involved in a conspiracy with several members of his family and others to distribute methamphetamine in and around the Rosebud Reservation in central South Dakota.  Pacheco was involved with the distribution of 500 to 1.5 kilograms of methamphetamine.

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

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