District of South Dakota

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

Eurico Da Silva-Roubideaux, a/k/a Eurico Roubideaux, age 20, was sentenced to 72 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.

Da Silva-Roubideaux 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 7, 2021 in Todd County, South Dakota.  On that date, Da Silva-Roubideaux was walking and was offered a ride by the victim as it was cold outside.  Once the two men arrived at a destination and exited the vehicle, Da Silva-Roubideaux struck the victim repeatedly with a hammer.  At that point, the victim ran away and Da-Silva Roubideaux got into the victim’s vehicle and drove away.

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

Da-Silva Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Devin Dolphus, age 22, was sentenced to 26 months in federal prison, followed by three years of supervised release, forfiture of firearms and ammunition, and a $100 special assessment to the Federal Crime Victims Fund.

Dolphus was indicted for Prohibited Person in Possession of a Firearm by a federal grand jury on July 13, 2021.  He pled guilty on September 27, 2021.

The conviction stemmed from an incident on May 31, 2021, in Eagle Butte, when Cheyenne River Sioux Tribe officers initiated a traffic stop on Dolphus and recovered drug paraphernalia, two firearms, and ammunition from the vehicle.  Dolphus was previously convicted in June 2019 for a felony firearm offense, and based on the conviction, knew he was prohibited from possessing firearms. 

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

This case was investigated by the 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 Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Los Angeles, California, man convicted of Larceny was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Julio Salvador Guevara, age 36, was sentenced to eight months in federal prison, followed by two years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and restitution in the amount of $825.32.

Guevara was indicted by a federal grand jury on July 17, 2018.  He pled guilty on September 20, 2021.

The conviction stemmed from an incident that occurred on January 19, 2018, in Eagle Butte, South Dakota.  Guevara stole a pickup truck and fled from several law enforcement officers on the Cheyenne River Sioux Indian Reservation.  Guevara was arrested after he stopped the pickup instead of driving over tire spikes placed on the road.      

This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services, the Ziebach County Sheriff’s Office, the Haakon County Sheriff’s Office, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, man formerly employed as a physician at the Wagner Indian Health Service Clinic was sentenced on five counts of Abusive Sexual Contact on December 13, 2021, by U.S. District Judge Karen E. Schreier. 

Pedro Ibarra-Perocier, age 60, was sentenced to 120 months in federal prison, followed by five years of supervised release, a $35,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $500.

Ibarra-Perocier was indicted by a federal grand jury on February 4, 2020.  He pled guilty to five counts of Abusive Sexual Contact on August 26, 2021.

The conviction stemmed from several incidents that occurred between approximately February 2007 and August 2018, when Ibarra-Perocier was a licensed physician practicing at the Wagner Indian Health Service Clinic and sexually abused five Native American women who came to see him at the clinic for medical appointments.  Ibarra-Perocier frequently locked the door to the examination room before he sexually abused those women.  Ibarra-Perocier often touched and rubbed their breasts and genitals, either directly or through their clothing, without their consent and when there was no medical reason to do so.  Ibarra-Perocier also forced some of his victims to touch his genitals, either directly or through his clothing.   Ibarra-Perocier threatened or placed some of them in fear that they would not receive the medications or medical care they needed unless they complied with his sexual demands in the clinic examination rooms.

“Dr. Ibarra-Perocier abused his position of trust as a physician to sexually abuse five Native American women—his patients—all in the examination rooms at the Indian Health Service Clinic where he practiced,” said Acting U.S. Attorney Dennis Holmes.  “Because these five women bravely came forward, this predator was held accountable for his actions.”

“Today’s sentence ensures that the defendant will not be in a position to harm his patients any longer, and women in the community can once again seek medical care without fear of becoming a victim,” said FBI Special Agent in Charge Michael Paul.  “Every medical professional takes an oath to do no harm, and I want to thank the FBI agents and analysts who worked side by side with the Department of Health and Human Service’s Office of Inspector General to ensure that the defendant was held accountable for his actions and that his victims received the justice they deserved.” 

“Dr. Ibarra-Perocier’s actions were unconscionable— he violated his position of trust to abuse vulnerable patients at an Indian Health Service clinic and threatened to withhold needed medical care if his victims did not comply.  These illegal acts will never be tolerated,” said Special Agent in Charge Curt L. Muller of HHS Office of Inspector General.  “We remain committed to aggressively investigating corrupt health professionals and protecting patients across the country.”

This case was investigated by the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Inspector General, Office of Investigations.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Ibarra-Perocier has been allowed to self-surrender to the custody of the Bureau of Prisons by January 10, 2022.  

 

 

Acting United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted of Possession of Child Pornography was sentenced on December 6, 2021, by U.S. District Judge Charles B. Kornmann.

Derek Michael Mason, age 20, was sentenced to 72 months in federal prison, followed by five years of supervised release, a $5,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Mason was indicted for Receipt and Distribution of Child Pornography and Transportation of Child Pornography by a federal grand jury on August 17, 2020.  He pled guilty on August 9, 2021, to Possession of Child Pornography.

The conviction stemmed from incidents between May 1, 2017, and May 5, 2020, when Mason knowingly possessed graphic image and video files depicting one or more minors engaged in sexually explicit conduct. 

Mason used his Apple iPhone 8 to obtain the files from the internet which involved and affected interstate commerce.  Mason knew the files contained child pornography when he downloaded them.  He also knew that some of the files depicted prepubescent minors who had not attained 12 years of age.

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

Mason has been allowed to self-surrender to the custody of the U.S. Marshals Service by January 11, 2022.

Acting United States Attorney Dennis R. Holmes announced that two Sully County, South Dakota, men have been indicted by a federal grand jury for False Statement in Connection with Federal Crop Insurance and Major Fraud Against the United States.

James Garrett, age 67, and Levi Garrett, age 43, were indicted on October 13, 2021.  They appeared before U.S. Magistrate Judge Mark A. Moreno on December 6, 2021, and pled not guilty to the Indictment.

The maximum penalty each defendant faces upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between 2017 and 2020, in Sully County, James Garrett made a total of four false statements in connection with federal crop insurance, while Levi Garrett made one false statement in connection with federal crop insurance.  Additionally, in 2020, James Garrett twice executed a fraudulent scheme to receive money from the Coronavirus Relief Fund, which was administered by the State of South Dakota through the Small Business Grant Program.  

The charges are merely accusations and James and Levi Garrett are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Department of Agriculture, Office of the Inspector General and the Risk Management Agency.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

James and Levi Garrett were released on bond pending trial.  A trial date has been set for February 15, 2022.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of carjacking was sentenced on December 9, 2021, by U.S. District Judge Karen E. Schreier.

Sterling George Spotted Elk, Jr., age 32, was sentenced to 100 months in federal prison, followed by three years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Spotted Elk was indicted for carjacking by a federal grand jury on April 6, 2021.  He pled guilty on August 6, 2021.

Between January 15 and 16, 2021, in Sioux Falls, Spotted Elk and an accomplice attempted to forcefully take a motor vehicle, a Honda Accord, from the victim and the victim’s two friends.  During the carjacking, Spotted Elk’s accomplice brandished a firearm and threatened the victim and the other occupants of the car.  While Defendant Spotted Elk’s accomplice pointed the firearm at the victim, Spotted Elk grabbed the car keys from the victim and took control of the vehicle.  Spotted Elk entered the driver’s side and tried to steal the car, but the gear lock was engaged, preventing Spotted Elk and his accomplice from taking the vehicle.  Because bystanders were watching this crime take place, Spotted Elk and his accomplice fled the scene.

Spotted Elk's accomplice, Shawn Long, was recently sentenced to 116 months in federal prison.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Spotted Elk 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 Failure to Register as a Sex Offender.

Cephas Joseph Wood, age 37, 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 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 September 17, 2021, and November 13, 2021, Wood, 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, failed to register and update his registration. 

The charge is merely an accusation and Wood 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.   

Wood was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 15, 2022.

Acting United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer and Assault by Striking, Beating, or Wounding was sentenced on December 7, 2021, by Judge Mark A. Moreno, U.S. District Court.

Kalvin Peterson, age 22, was sentenced to two years of probation in each case, and a special assessment to the Federal Crime Victims Fund in the amount of $50.

Peterson was indicted by a federal grand jury on October 14, 2020, for Assaulting, Resisting, and Impeding a Federal Officer.  He pled guilty on September 20, 2021.  Peterson was indicted by a federal grand jury on April 13, 2021, and pled guilty on September 20, 2021, for Assault by Striking, Beating, or Wounding.

The conviction for Assaulting, Resisting, and Impeding a Federal Officer stemmed from an incident that occurred on March 23, 2020, in Lower Brule.  On that date, Peterson spit on a correctional officer during the booking process at the Lower Brule Correctional Center.

The conviction for Assault by Striking, Beating, or Wounding stemmed from an incident that occurred on November 28, 2020, in Lower Brule.  On that date, Peterson assaulted the victim, who was attempting to stop Peterson from leaving home with a knife.

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

Acting United States Attorney Dennis R. Holmes announced that a Dubuque, Iowa, man convicted of Bank Robbery was sentenced on December 6, 2021, by U.S. District Judge Karen E. Schreier.

Phillip Christopher Hanten, age 40, was sentenced to 37 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.

Hanten was indicted by a federal grand jury on June 2, 2021.  He pled guilty on September 15, 2021.

The conviction stemmed from an incident on May 8, 2021, when Hanten robbed a Wells Fargo Bank branch in Sioux Falls.  Hanten, wearing dark clothing and a COVID mask, passed a note to the teller demanding $2,000 in large bills.  The teller gave Hanten 19 $100 bills and five $20 bills.  He put the money in the pouch of his hoodie sweatshirt and fled the bank.  He was caught by a Sioux Falls police officer within minutes and all the cash was recovered.

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.

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

Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 6, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Luke Eagleman, III, age 41, was sentenced to 14 months in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a rifle, a handgun, and ammunition.

Eagleman was indicted by a federal grand jury on December 8, 2020.  He pled guilty on April 12, 2021.

The conviction stemmed from an incident that occurred on September 1, 2020, in Eagle Butte.  Eagleman, who has a prior felony conviction and is prohibited from possessing firearms, knowingly possessed a rifle and a handgun.  The items were seized from Eagleman’s person and vehicle following a traffic investigation conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case was investigated 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.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 6, 2021, by U.S. District Judge Karen E. Schreier.

Michael Ray Mitchell, age 43, was sentenced to 48 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.

Mitchell was indicted by a federal grand jury on January 12, 2021.  He pled guilty on September 14, 2021.

The conviction stemmed from an incident on December 18, 2020, in Sioux Falls.  Law enforcement officers on the Sioux Falls Area Fugitive Task Force encountered Mitchell while searching a home for a fugitive.  Officers found Mitchell in the basement pretending to sleep on a couch.  A loaded 9 mm handgun was found between the couch cushions and Mitchell was arrested.  He had previously been convicted of multiple felonies and was prohibited from possessing any firearms.  The gun and all the ammunition were forfeited to the federal government.

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 and the Sioux Falls Area Fugitive Task Force, which included officers from the U.S. Marshals Service and the Minnehaha County Sheriff’s Office.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

Acting 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 November 29, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Justin Johnson, age 40, was sentenced to 20 years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Johnson was indicted by a federal grand jury on August 21, 2018, and pleaded guilty on July 21, 2021.  The conviction stems from Johnson conspiring with others to distribute nearly 36 ounces of heroin between May and August 2018 at Rapid City.  Johnson’s distribution of heroin included injecting and providing heroin to a 15-year-old during the same time period.  

This case was investigated by the Drug Enforcement Administration 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 prosecuted the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Denver, Colorado, man convicted of Accessory After the Fact to First Degree Murder was sentenced on November 29, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Estevan Baquera, a/k/a “Obama,” age 28, was sentenced to 15 years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Baquera was indicted by a federal grand jury on March 20, 2018, and pleaded guilty on July 16, 2021. 

The conviction stems from the October 16, 2016, assault and shooting death of Vincent Von Brewer III in front of the SuAnne Big Crow Center in Pine Ridge, South Dakota.  Baquera kept bystanders from approaching and participated in Brewer’s assault.  Two other individuals, Francisco Villanueva and Adan Corona, then proceeded to shoot Brewer 15 times with an assault rifle and a 9mm handgun, as Brewer attempted to flee.  Additionally, Baquera assisted in changing license plates on a motor vehicle involved with the crime in order to evade detection.  Villanueva was recently sentenced to two consecutive life sentences.  Corona is awaiting sentencing and faces a mandatory life sentence.

The investigation was conducted by the Federal Bureau of Investigation, Oglala Sioux Tribe Department of Public Safety Criminal Investigations, and the Denver and Aurora, Colorado, Police Departments.  The investigation was also supported by numerous other state and federal law enforcement agencies. 

Assistant U.S. Attorneys Sarah Collins and Benjamin Patterson prosecuted the case.          

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

Acting United States Attorney Dennis R. Holmes announced that Vincent Michael Perez, age 36, of Watertown, South Dakota, was found guilty of one count of Receipt and Distribution of Child Pornography and one count of Transportation of Child Pornography as a result of a federal jury trial in Aberdeen, South Dakota. 

The charges carry a maximum penalty of 40 years in federal prison and/or a $250,000 fine, life of supervised release, and a up to $5,200 special assessment to the Federal Crime Victims Fund. 

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

Between August 7 and August 17, 2019, Perez knowingly received and distributed child pornography using a MeWe social media account.  He 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.

A presentence investigation was ordered and a sentencing date was set for May, 23, 2022.  The defendant was remanded to the custody of the U.S. Marshals Service.

Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 29, 2021, by US District Court Judge Charles B. Kornmann.

Gregory James Flying Horse, age 21, was sentenced to 33 months in federal prison, followed by five years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Flying Horse was indicted for Sexual Abuse of a Person Incapable of Consent, by a federal grand jury on July 16, 2020.  He pled guilty on August 30, 2021.

The conviction stems from an incident on May 31, 2019, in McLaughlin, when Flying Horse engaged in a sexual act with a minor who had not attained the age of 16.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

 

Acting United States Attorney Dennis R. Holmes announced that an Anthem, Arizona, man convicted of Failure to Pay Child Support was sentenced on November 30, 2021, by U.S. District Judge Karen E. Schreier.

Jacob A. Tate, age 45, was sentenced to five years of probation, $78,979.14 in restitution to the South Dakota Department of Social Services, Office of Child Support Enforcement, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Tate was indicted by a federal grand jury on June 6, 2018.  He pled guilty on February 22, 2021.

The conviction stemmed from the fact that Tate failed to pay child support from on or about October 1, 2012, through June 6, 2018.  Tate has five children who live in South Dakota.  Tate knew that a support order had been issued against him to pay child support, but he willfully did not make payments toward the child support. 

This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General and the South Dakota Department of Social Services.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

 

Acting United States Attorney Dennis R. Holmes announced that a Sturgis, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on November 22, 2021, by U.S. District Judge Jeffrey L. Viken.

William Nicholas Riley, age 61, was sentenced to six years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and a $5,000 special assessment to the Victims of Trafficking Fund.  Riley will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Riley was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2020 Sturgis Motorcycle Rally, targeting internet predators.  Riley initiated sexual chats and sought images of child pornography from a person he believed to be a 15-year-old girl, but who was in fact an undercover agent.  Riley then negotiated a time and place he would meet the minor to engage in unlawful sex acts.  When Riley went to the pre-determined location to meet the minor, he was met by law enforcement 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.

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

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

John Burgess Bad Hand, age 37, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 30, 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 Bad Hand, a person required to register as a sex offender by reason of conviction under federal law, knowingly failed to register and update his registration between September 15, 2021, and October 21, 2021, while living in Upper Cut Meat, South Dakota.

The charge is merely an accusation and Bad Hand 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.   

Bad Hand 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 convicted of carjacking was sentenced on November 30, 2021, by U.S. District Judge Karen E. Schreier.

Shawn Michael Long, age 31, was sentenced to 116 months in federal prison, followed by three years of supervised release.  He was also ordered to forfeit a firearm and to pay $100 to the Federal Crime Victims Fund.

Long was indicted for firearms offenses, failing to appear, and carjacking by a federal grand jury on April 6, 2021.  He pled guilty to carjacking on August 23, 2021.

Between January 15 and 16, 2021, in Sioux Falls, Long and an accomplice attempted to forcefully take a motor vehicle, a Honda Accord, from the victim and the victim’s two friends.  During the carjacking, Long brandished a firearm and threatened the victim and the other occupants of the car.  While Defendant Long pointed the firearm at the victim, Long’s accomplice grabbed the car keys from the victim and took control of the vehicle.  Long’s accomplice entered the driver’s side and tried to steal the car, but the gear lock was engaged, preventing Long and his accomplice from taking the vehicle.  Because bystanders were watching this crime take place, Long and his accomplice fled the scene.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Moorhead, Minnesota, man convicted of Bank Fraud was sentenced on November 29, 2021, by U.S. District Judge Charles B. Kornmann.

Richard L. Carpenter, a/k/a “Butch” Carpenter, age 68, was sentenced to 120 months in federal prison, followed by five years of supervised release, $7,784,996 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

An Information was filed on May 11, 2021.  Carpenter pled guilty on June 21, 2021.

The conviction stemmed from incidents beginning in approximately 2008 and continuing through March 10, 2020, when Carpenter knowingly executed and attempted to execute a scheme and artifice to defraud a financial institution whose deposits were, at the time of the offense, insured by the Federal Deposit Insurance Corporation. 

Carpenter began custom feeding cattle in the 1980s.  In approximately 2008, Carpenter changed his operation from custom feeding to raising and feeding his own cattle in the rural Watertown, South Dakota, area. 

Carpenter was a customer at First Premier Bank.  On multiple occasions over the years, Carpenter provided false and fraudulent information about his income and assets to First Premier Bank in order to induce the bank to loan him money and give him a large line of credit.  Carpenter falsely inflated his cattle sales and the number of cattle he had on hand.  Carpenter also falsified his tax returns and provided those to the bank in support of his falsely inflated figures. 

In approximately 2020, Carpenter also kited checks between his account at First Premier Bank and his account at Reliabank. 

This case was investigated by the Federal Bureau of Investigation, the Division of Criminal Investigation, and the Watertown Police Department.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

Acting United States Attorney Dennis Holmes announced that a Harrold, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on November 29, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Ervin Yellow Robe, age 41, was sentenced to 32 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.

Yellow Robe was indicted by a federal grand jury on October 14, 2020.  He pled guilty on July 29, 2021.

The conviction stemmed from an incident that occurred on March 1, 2020, in Big Bend, South Dakota, wherein Yellow Robe assaulted his intimate partner, breaking her nose.

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

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

Acting United States Attorney Dennis R. Holmes announced that Nathan J. Peachey, age 50, of Pennsylvania, and John Rick Winer, age, 67 of New Mexico, were convicted by a federal jury in Sioux Falls, South Dakota, after a seven-day trial before U.S. District Judge Karen E. Schreier.  The guilty verdicts were returned on November 23, 2021.

Peachey was convicted of Conspiracy to Commit Wire Fraud, Conspiracy to Launder Monetary Instruments, Conspiracy to Obstruct Justice, and nine counts of Laundering Monetary Instruments.  Winer was likewise convicted of the three conspiracy offenses, in addition to four counts of Wire Fraud and five counts of Laundering Monetary Instruments.  The jury also returned a special verdict relating to the forfeiture of a residence in Norway, a luxury vehicle, and silver coins.

“Luring victims into believing their money would be invested to better humanity, the defendants engaged in a long-running, international scheme to steal and launder victims’ money for self-enrichment,” said Acting U.S. Attorney Dennis R. Holmes.  “The jury’s verdict validates the extensive work of this Office and of its law enforcement partners across the United States and in Norway.  Together, we will continue to use every available tool to combat and prevent criminals from exploiting victims for personal benefit.”

“Mr. Peachey and Mr. Winer preyed on the charitable hearts of innocent victims.  IRS Criminal Investigation is committed to unraveling complex schemes that send victim’s money overseas.  We will continue to work with our law enforcement partners to track ill-gotten gains and bring these criminals to justice,” said Special Agent in Charge, Tyler Hatcher, IRS Criminal Investigation, St. Louis Field Office.

“During the trial, we heard evidence of the defendants boasting on tape about their ability to con ‘99-percent of the population,’ which shows that anyone can become a victim of a scam,” said FBI Special Agent in Charge Michael Paul. “But it only strengthens our resolve to hold these con men responsible for their actions, no matter the type of scam or their intended target.”

The maximum penalties for each counts of conviction are 20 years in prison, a $250,000 fine, or both imprisonment and a fine, a term of three years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, restitution, and forfeiture.

Defendants Nathan Peachey and John Rick Winer were originally indicted by a federal grand jury on November 5, 2019.  A second Superseding Indictment was filed on October 6, 2020.

According to evidence presented at trial, Peachey resided in and operated from the State of Pennsylvania and from a suburb of Oslo, Norway.  Peachey aided in soliciting millions of dollars from investors in the United States, and he received funds from others who were involved in the fraud scheme.  Funds obtained by and through Peachey were, in part, laundered through and into domestic and international bank accounts.  After his receipt of funds, Peachey would transfer or wire funds to his co-conspirators, and he also would use funds on personal expenditures.

Winer resided and operated from New Mexico, among other places.  Winer recruited individuals from South Dakota and elsewhere to invest in various projects, and he solicited funds that were obtained through the fraud scheme.  After his receipt of funds, Winer would transfer or wire funds to his co-conspirators and others known and unknown to the Grand Jury, and he also would use funds on personal expenditures.

As to the scheme to defraud the victims across the country, Peachey and Winer, along with their co-conspirators, informed investors that the monies provided to one or more of the co-conspirators would be used for charitable or humanitarian projects, oftentimes using religion to entice and induce victims into investing money in the scheme.  They also made promises that there would be a return on investments.  Peachey and Winer informed investors that the monies provided to one or more of the co-conspirators would not be expended on personal expenses.  Investor money was not used for charitable or for humanitarian projects, and investors never received a return on investments relating to the monies provided to Peachey, Winer or their co-conspirators.  The purpose of the conspiracy was to enrich the co-conspirators, all of whom amassed nearly $13 million and then spent the fraud proceeds on a luxury residence located in a suburb of Oslo, Norway, renovation costs on the house, a Mercedes Benz, nearly $4 million in silver, travel, and personal expenses.  This fraud scheme impacted victims from around the United States, including South Dakota, Minnesota, Arizona, New Mexico, Florida, Colorado, Pennsylvania, and North Carolina.

Peachey, Winer, and their co-conspirators utilized, independently or jointly, entities to perpetrate the fraud scheme, including, but not limited to:  AG Enterprises, L.L.C.; House of Winer; Jacobs Provision Trust; The Joseph Project; Jericho Outreach; Jericho Outreach – Norway; Christian Charity Foundation; and G47 Initiative.  These entities were fake and used to receive fraud proceeds and launder money.

Through extensive coordination and partnership, this complex, long-running fraud and money laundering case was investigated and prosecuted by the following entities:

• 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 prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for February 14, 2022.  The defendants were released pending their sentencing hearings.          

Acting United States Attorney Dennis R. Holmes announced that a Clark, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on November 29, 2021, by U.S. District Judge Charles B. Kornmann.

The Defendant, Anthony Dialo Holmes, age 37, was sentenced to 120 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.

Anthony Holmes was indicted by a federal grand jury on August 17, 2020.  He pled guilty on August 31, 2021.

The conviction stemmed from incidents between on or about September 1, 2019, and May 22, 2020, when Anthony Holmes knowingly received and distributed child pornography.  He used his Kik Messenger social media account to send and receive files depicting the minors engaged in sexually explicit conduct.

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

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

Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 29, 2021, by Judge Charles B. Kornmann, U.S. District Court.

Brent Wayne Vostad, age 37, was sentenced to 120 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.

Vostad was indicted by a federal grand jury on April 13, 2021.  He pled guilty on August 18, 2021.

The conviction stemmed from an incident that occurred on February 27, 2021, in Aberdeen.  Vostad, who was previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a loaded handgun, methamphetamine, small plastic baggies, and a scale.  The items were seized from Vostad’s person and vehicle following a traffic stop conducted by the Aberdeen Police Department.     

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 Aberdeen Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

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

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

Jeremiah Jay Swalley, age 23, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 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.

Swalley was convicted of Sexual Abuse of a Minor in January, 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between September 9, 2021, and October 26, 2021, Swalley, 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.

The charge is merely an accusation and Swalley 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.   

Swalley 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 Wentworth, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.

Jordan Charles Opdahl, age 29, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 24, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 20, 2020, Opdahl knowingly received and distributed, and attempted to receive and distribute, child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.

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

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

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

Acting United States Attorney Dennis R. Holmes announced that a White River, South Dakota, man convicted of Enticement of a Minor Using the Internet was sentenced on November 19, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Justin Boyles, age 41, was sentenced to 11 years and 3 months in federal prison, followed by 5 years of supervised release, and ordered to pay $100 special assessment to the Federal Crime Victims Fund.

Boyles was indicted by a federal grand jury in June 2019.  He pleaded guilty on April 9, 2021.

The charge related to Boyles using the internet to facilitate sexual intercourse with a juvenile female.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Boyles 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 woman convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on November 4, 2021 by District Court Judge Karen E. Schreier.

Halie Sletten, age 43, was sentenced to 20 years in prison, followed by 3 years of supervised release. She was also ordered to pay $100 to the Federal Crime Victims Fund.

Sletten was indicted for Distribution of a Controlled Substance Resulting in Serious Bodily Injury by a federal grand jury on October 6, 2020.  She pled guilty on August 20, 2021.

On or about January 17, 2020, in the District of South Dakota, Sletten knowingly and intentionally distributed fentanyl, a Schedule II controlled substance, and heroin, a Schedule I controlled substance, and the distribution of said fentanyl and heroin resulted in the serious bodily injury of Victim #1, in violation of 21 U.S.C. § 841(a)(1).

Victim #1 injected the fentanyl and heroin that Sletten distributed to him. The fentanyl and heroin injected by Victim #1 caused Victim #1 to sustain an overdose. Paramedics were called and administered two doses of Narcan to Victim # 1, which revived him.  Victim #1 would not have sustained an overdose if not for the fentanyl and heroin Sletten distributed. The overdose caused Victim #1 a substantial risk of death.

This case was investigated by the Brandon Police Department, Sioux Fall Police Department, Sioux Falls Area Drug Task Force and the Federal Bureau of Investigation.  Assistant U.S. Attorney Mark Hodges prosecuted the case.

Sletten 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 convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 1, 2021, by District Court Judge Karen Schreier.

Ashton Aman, age 37, was sentenced to 10 years in federal prison, followed by 5 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Aman was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 2, 2021.  He pled guilty on July 12, 2021.

Beginning on an unknown date and continuing until on or about February 2, 2021, in the District of South Dakota and elsewhere, Aman knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance.  Aman distributed over 500 grams of methamphetamine to co-conspirators which was then re-distributed to their own customers in the District of South Dakota and elsewhere.

This case was investigated by Homeland Security Investigations and the Sioux Falls Area Drug Task Force.  Special Assistant U.S. Attorney Tamara Nash prosecuted the case.

Aman 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 Felon in Possession of a Firearm.

Omot Musa Karlo, age 20, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about August 31, 2021, Karlo, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a Glock 19mm Luger caliber, semi-automatic pistol, which had been previously shipped and transported in interstate and foreign commerce.

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

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

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

# # #

 

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

Kendall Logan, age 28, was indicted on March 9, 2020.  She appeared before U.S. Magistrate Judge Mark A. Moreno on November 23, 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 February 5, 2020, in Todd County, Logan did forcibly assault, resist, oppose, impede, intimidate, and interfere with a federal officer by using a dangerous weapon, shod feet, while the officer was engaged in his official duties.

The charge is merely an accusation and Kendall 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 Jay Miller is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Parmelee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 22, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

William Henry Horse Looking, age 40, was sentenced to two months in federal prison, six months of home confinement, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Horse Looking was indicted by a federal grand jury on March 9, 2021.  He pled guilty on November 22, 2021.

Between October 20, 2020, and January 6, 2021, Horse Looking, 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 Cameron J. Cook prosecuted the case.

Horse Looking was ordered to self-surrender to the U.S. Marshals Service in Pierre, South Dakota, by 2:00 p.m. on Wednesday, December 1, 2021.

Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 22, 2021, by Chief Judge Roberto A. Lange, U.S. District Court Judge.

Julio Rodriguez, III, age 20, was sentenced to 18 months in federal prison, followed by 5 years supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Rodriguez was indicted for Sexual Abuse of a Minor by a federal grand jury on February 8, 2021.  He pled guilty on August 19, 2021.

The conviction stems from an incident on July 10, 2020, in Todd County, when Rodriguez, who was 18 years old, engaged in a sexual act with a minor who was 13 years old.

This case was investigated by Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that Kimo Little Bird, Sr., age 40, of Little Eagle, South Dakota, was found guilty of Aggravated Sexual Abuse of a Child, Felony Sex Offense Against a Minor While Required to Register as a Sex Offender, and Tampering with a Witness, as a result of a three-day federal jury trial in Aberdeen, South Dakota.  The verdict was returned on November 18, 2021.

The convictions carry a maximum penalty of a mandatory minimum of 40 years, up to life in federal prison and/or a $250,000 fine, five years up to life of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.    

Little Bird was indicted by a federal grand jury on March 9, 2020. 

Little Bird was convicted of Sexual Abuse of a Minor in September 2006.  As a result of this conviction, he is required to register under the Sex Offender Registration and Notification Act.  In 2016, Little Bird sexually abused an 11-year-old girl with whom he was residing.  Prior to trial, Little Bird contacted multiple potential witnesses in an effort to manipulate and corruptly persuade the girl to recant her statement. 

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys Jay Miller and Troy Morley prosecuted the case.

A presentence investigation was ordered, and a sentencing date was set for May 23, 2022.  The defendant was remanded to the custody of the U.S. Marshals Service.

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

Dylan James Steffen, age 29, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 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, lifetime of supervised release, and up $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about between January 22, 2021, and January 24, 2021, and again on or about between March 17, 2021, and March 18, 2021, Steffen knowingly received and distributed, and attempted to receive and distribute, any child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.  

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

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

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

Acting United States Attorney Dennis R. Holmes announced that a Wanblee, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Possession of a Firearm by a Prohibited Person, and Obstruction of Justice, was sentenced on November 12, 2021, by District Court Judge Karen E. Schreier.

Wicahpe “Chops” Milk, age 38, was sentenced to 30 years in federal prison, followed by five years of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.  Milk was indicted for all three charges by a federal grand jury in September 2016.  He was found guilty at the close of a jury trial held June 28 – July 2, 2021.

Beginning in approximately January 2015, Milk obtained methamphetamine in California and transported it to South Dakota.  He also recruited others to transport the methamphetamine.  Milk sold the methamphetamine in western South Dakota and recruited at least 15 other people to do so for him.  The communities where the methamphetamine was distributed included Rapid City, Wanblee, Pine Ridge, Kyle, Mission, Box Elder, Martin, and Allen.  In August 2016, Milk was a passenger in a vehicle stopped by Pennington County Sheriff’s Office deputies.  Milk fled from the deputies and was arrested after a short foot pursuit.  In the vehicle, Milk possessed a firearm and methamphetamine.  Because of a prior felony conviction, Milk was prohibited from possessing any firearms.  After his arrest, Milk repeatedly engaged in efforts to obstruct the case by writing letters to witnesses with content designed to affect their testimony, including threats, promises, and coercion.

This case was investigated by the Pennington County Sheriff’s Office and 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.

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

Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, woman convicted of Concealing Person from Arrest was sentenced on November 17, 2021, by U.S. District Judge Lawrence L. Piersol.

Kristina Ann Fuller, age 27, was sentenced to two years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fuller was indicted by a federal grand jury on March 2, 2021.  She pled guilty on August 23, 2021.

The conviction stemmed from incidents starting on an unknown date through on or about February 25, 2020, when Fuller harbored and concealed a person who was wanted by the U.S. Marshals Service.  Fuller knew that person had an active arrest warrant.

This case was investigated by the U.S. Marshals Service and the Sioux Falls Area Fugitive Task Force.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

Galen Cleveland Iron Cloud, age 30, was indicted on September 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 40 years in federal prison, 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 August 3, 2018, and May 14, 2021, in South Dakota and North Dakota, Iron Cloud knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Oglala Sioux Tribe Police Department, Bureau of Indian Affairs, Office of Justice Services, Corson County Sheriff’s Office, Mobridge Police Department, Rapid City Police Department, and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Iron Cloud was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date was set for June 21, 2022.

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

Cassius Farmer, age 28, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 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 October 21, 2021, in Mission, Farmer 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 Farmer 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 U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Farmer 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 Failure to Register as a Sex Offender.

Elliot Robert Blue Coat, age 45, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that Blue Coat, a person required to register as a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration between July 16, 2021, and September 16, 2021, while living in Mobridge, South Dakota. 

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

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

Blue Coat 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 Failure to Register as a Sex Offender.

Brighton Veit, age 22, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A Moreno on November 16, 2021 and pled not guilty to the Indictment.

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

Veit was convicted of Sexual Abuse of a Minor in November 2020.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between September 14, 2021, and September 27, 2021, Veit, 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 Veit is presumed innocent until and unless proven guilty. 

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

Veit 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 man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Joseph Elsey, age 26, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge on November 12, 2021, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The indictment alleges that on October 26, 2020, near Eagle Butte, Elsey assaulted a federal officer using shod feet as a dangerous weapon, while the officer was engaged in the performance of her official duties. 

The charge is merely an accusation and Elsey 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.   

Elsey was released on bond pending trial.  A trial date of January 18, 2022, has been set.

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

Fabian Carlo Rodriguez, age 30, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2021, and pled not guilty to the Indictment.

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

Rodriguez was convicted of Sexual Abuse of a Minor in November 2014.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between February 6, 2021, and July 28, 2021, Rodriguez, 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 Rodriguez is presumed innocent until and unless proven guilty. 

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

Rodriguez 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 Spearfish, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds.

Christi Marie Johnson, age 36, was indicted on November 9, 2021.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on November 10, 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 between on or about June 15, 2017, and May 7, 2018, Johnson willfully and knowingly embezzled, stole, purloined, and converted to her own use money from departments and agencies of the United States, namely Title II program benefits payments made to her deceased stepfather, to which Johnson knew she was not entitled.  Title II is administered by the U.S. Social Security Administration.  

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

The investigation is being conducted by the Social Security Administration, Office of the Inspector General.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Johnson was released on bond pending trial which has been set for January 18, 2022.

Acting United States Attorney Dennis R. Holmes announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Using and Carrying a Firearm During and in Relation to a Crime of Violence.

Leon Good Buffalo, age 23, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 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 October 28, 2021, in Todd County, South Dakota, Good Buffalo killed a man by shooting him with a shotgun.

The charges are merely accusations and Good Buffalo 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 Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Good Buffalo 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 Mobridge, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 15, 2021, by Judge Charles B. Kornmann, U.S. District Court.

Stanley Gene Schily, Sr., age 66, was sentenced to 120 months in federal prison, followed by eight years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Schily was indicted by a federal grand jury on September 9, 2020.  A Superseding Indictment alleging Schily had been previously convicted of a serious drug felony offense was filed on July 13, 2021.   He was found guilty by a federal jury on August 10, 2021.

The evidence at trial showed Schily knowingly and intentionally conspired with several individuals to distribute approximately 140 grams of methamphetamine in and around Mobridge from 2019 through March of 2020.  On March 5, 2020, law enforcement executed a warrant to search Schily’s residence.  Law enforcement recovered approximately .64 grams of methamphetamine, 150 plastic baggies, and several records indicating drug transactions. 

This case was investigated by the Mobridge Police Department, the Walworth County Sheriff’s Office, the Corson County Sheriff’s Office, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Schily was immediately remanded to the custody of the U.S. Marshals Service following sentencing.

Acting United States Attorney Dennis R. Holmes announced that a Mobridge, South Dakota, man convicted of Assault by Striking, Beating, or Wounding following a two-day jury trial was sentenced on November 15, 2021, by Judge Charles B. Kornmann, U.S. District Court.

Luke Newton Mowrer, age 31, was sentenced to seven months in federal prison, followed by one year of supervised release, a $20,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Mowrer was indicted by a federal grand jury on March 9, 2021, and was found guilty by a federal jury on August 25, 2021.

The evidence at trial showed that on October 6, 2019, in McLaughlin, South Dakota, Mowrer voluntarily and intentionally assaulted an individual with a knife.  Mowrer was sitting in the back seat of a pickup truck when he assaulted the driver.  He then fled the scene while the victim and others reported the crime and sought medical treatment.  The victim suffered a cut to the neck.  Mowrer had been drinking with the victim and some other acquaintances before the assault and unexpectedly lashed out in violence.  

This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Office of Justice Services, and the Mobridge Police Department.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.   

Mowrer was immediately remanded to the custody of the U.S. Marshals Service following sentencing.

Acting United States Attorney Dennis R. Holmes announced that an Escondido, California, woman convicted of Conspiracy to Distribute Controlled Substances and Conspiracy to Launder Monetary Instruments was sentenced on November 1, 2021, by U.S. District Judge Karen E. Schreier.

Maribel Torres, age 37, was sentenced to 235 months in federal prison, followed by five years of supervised release.  She was also ordered to pay $100 to the Federal Crime Victim Fund.

Torres was indicted for Conspiracy to Distribute Controlled Substances and Conspiracy to Launder Monetary Instruments by a federal grand jury on July 20, 2020.  She pled guilty on June 21, 2021.

Beginning on an unknown date and continuing until on or about July 2020, Torres reached an agreement or came to an understanding to distribute 500 grams or more of a mixture of a substance containing methamphetamine in the District of South Dakota. During her involvement, she facilitated and directed the transportation and distribution of methamphetamine in South Dakota and elsewhere.

Additionally, beginning at an unknown date and continuing to on or about July 2020, in the District of South Dakota and elsewhere, Torres reached an agreement or came to an understanding to conduct and attempt to conduct financial transactions affecting interstate and foreign commerce. During her involvement, she wired funds derived from the sale of methamphetamine by utilizing various financial institutions.  She also directed co-conspirators to do the same on her behalf.  Further, she helped coordinate with co-conspirators the movement of cash drug proceeds across state lines.

This case was investigated by the Drug Enforcement Administration, Internal Revenue Service, South Dakota Division of Criminal Investigation, Sioux Falls Area Drug Task Force, and the South Dakota Highway Patrol.  Special Assistant U.S. Attorney Tamara Nash prosecuted the case.

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

 

Acting United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, woman convicted of Interference with Commerce by Robbery was sentenced on November 5, 2021, by U.S. District Judge Jeffrey L. Viken.

Tristan Hall, age 25, was sentenced to three years in federal prison, followed by two years of supervised release.  Hall was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Hall driving a getaway car for two males while they robbed the Quality Inn and Big D at gunpoint in Rapid City, South Dakota, in January 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 Rapid City Police Department.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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