District of South Dakota

Acting United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 8, 2021, by Chief Judge Roberto A. Lange.

Marcus Pawnee Leggins, age 33, was sentenced to two and a half years in federal prison, followed by three years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Pawnee Leggins was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on September 17, 2020.  He pleaded guilty on May 26, 2021.

Beginning at an unknown date, but no later than January 2016 to September 2020, Pawnee Leggins knowingly and intentionally conspired and acted in concert with numerous other individuals to possess and distribute methamphetamine in and around the areas of Kyle and Allen, South Dakota, as well as other locations on the Pine Ridge Reservation. During the course of the conspiracy, Pawnee Leggins possessed and distributed at least 50 grams of substances containing a detectable amount of methamphetamine.  

This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs Office of Justice Services – Division of Drug Enforcement, Oglala Sioux Tribe Department of Public Safety, and the South Dakota Department of Criminal Investigation.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Sioux City, Iowa, man convicted of Failure to Register as a Sex Offender was sentenced on September 13, 2021, by U.S. District Judge Karen E. Schreier.

Jacob Lee Schmidt, age 32, was sentenced to 17 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.

Schmidt was indicted by a federal grand jury on May 4, 2021.  He pled guilty on June 23, 2021.

The conviction stems from Schmidt failing to register as a sex offender as required by federal law between February 1, 2021, and May 4, 2021.  Schmidt had previously been convicted of a sex offense in state court which requires him to register for the rest of his life.

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

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

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

Lester Jahnig, age 50, was indicted on September 9, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 14, 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 between on or about May 3, 2019, and December 16, 2020, Jahnig knowingly received, and attempted to receive, 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 Jahnig is presumed innocent until and unless proven guilty. 

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

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

Acting United States Attorney Dennis R. Holmes announced that Garrett Waters, age 39, of Pine Ridge, South Dakota, was found guilty of three charges of Aggravated Sexual Abuse of a Minor following a federal jury trial in Rapid City.  The verdict was returned on September 3, 2021.

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

Waters was indicted by a federal grand jury on March 2, 2021.  The charges relate to Waters having sexual contact with a female, who was under the age of 12 years, between 2018 and 2020, at Pine Ridge.

This case was investigated by the Rapid City Police Department, Pennington County Sheriff’s Office, Oglala Sioux Tribe Department of Public Safety, and Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury, Assault by Strangulation, and Domestic Assault by an Habitual Offender.

Calvin Killspotted, a/k/a Sonesakda Killspotted, age 39, was indicted on August 10, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 7, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 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 June 2 and 3, 2021, in Corson County, Killspotted unlawfully assaulted an intimate partner when he had previously been convicted of two prior acts of domestic abuse, and that the assault resulted in bodily injury.  The Indictment further alleges that Killspotted unlawfully assaulted an intimate partner by strangling and suffocating her.

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

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

Killspotted 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 a Lower Brule, South Dakota, man convicted of Resisting, Opposing, and Impeding a Federal Officer was sentenced on September 7, 2021, by U.S. Magistrate Judge Mark A. Moreno. 

Shiloh Small Jumper, age 31, was sentenced to 3 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Small Jumper was indicted by a federal grand jury on July 17, 2020.  He pled guilty on September 7, 2021.

The conviction stemmed from an incident that occurred on February 4, 2020, in Lower Brule, South Dakota.  Following a complaint call of a disturbance, officers arrived at the scene where Small Jumper was present and would not leave the residence.  Small Jumper resisted officer’s attempts to place him under arrest. 

This case was investigated by the Bureau of Indian Affairs, Department of the Interior.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Acting United States Attorney Dennis Holmes announced that a Fort Pierre, South Dakota, man convicted of Resisting, Opposing, and Impeding a Federal Officer was sentenced on September 7, 2021, by U.S. Magistrate Judge Mark A. Moreno.

Londelle Ashley, age 31, was sentenced to four months custody and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Ashley was indicted by a federal grand jury on September 1, 2020.  He pled guilty on June 22, 2021.

The conviction stemmed from an incident that occurred on August 19, 2020, in the Big Bend community on the Crow Creek Indian Reservation.  Bureau of Indian Affairs officers were called to a report of a person acting in a disorderly manner at a residence.  When officers entered the home, the defendant rushed the officer and actively resisted arrest.

This case was investigated by the Bureau of Indian Affairs, Department of the Interior.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on August 26, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Robert Dowty, Sr., age 59, was sentenced to life in federal prison, lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

Dowty was indicted by a federal grand jury in October 2018.  He was found guilty of the charge following a jury trial in Rapid City on August 2, 2019.

The conviction stems from Dowty forcibly sexually assaulting a child under the age of 16 years between June and September of 2018 at Pine Ridge.  Additional victims testified at trial regarding past sexual abuse by Dowty.

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

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

Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 24, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Dale Martin, Jr., age 30, was sentenced to 40 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Martin was indicted for the charge by a federal grand jury on July 23, 2020.  He pleaded guilty on February 10, 2021.

The conviction stems from Martin, a previously convicted felon who is prohibited from possessing firearms, being in possession of a Savage, model 111, .270 caliber bold-action rifle.  This firearm was found in Martin’s possession after the Oglala Sioux Tribe Department of Public Safety was called to the I-Bank in Pine Ridge on June 18, 2020.  Martin ran from the I-Bank location to a nearby trailer after law enforcement instructed him to drop the firearm.  After being verbally instructed to come out of the house, Martin exited the residence with the rifle slung around his back.  Martin threw the firearm off the porch and re-entered the residence.  Law enforcement entered the residence and took Martin into custody.

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, Firearms, Tobacco, and Explosives, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

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

Charles Nathaniel Graves, age 35, was indicted on July 7, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 7, 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 Graves, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so September 1, 2019, and July 7, 2021.

The charge is merely an accusation and Graves 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.   

Graves 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 Hermosa, South Dakota, woman convicted on one count of Possession with Intent to Distribute a Controlled Substance and one count of Possession of a Firearm by a Prohibited Person was sentenced on August 30, 2021, by Judge Karen E. Schreier, U.S. District Court.

Megan Smith, age 39, was sentenced to eight years in federal prison, followed by five years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Smith was indicted for the charges by a federal grand jury on June 11, 2020, and pleaded guilty on May 7, 2021.  Smith, being an unlawful user of a controlled substance, was found to knowingly be in possession of multiple firearms, some of which were stolen, and a sawed-off shotgun after she came into contact with law enforcement in March 2020 in Rapid City.  Smith was also found in possession of methamphetamine and had been distributing large quantities of methamphetamine in and around Rapid City.

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

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Sisseton, South Dakota, woman convicted of Theft from an Indian Tribal Organization was sentenced on August 30, 2021, by U.S. District Judge Charles B. Kornmann.

Jordyn Juanita Kirk, age 27, was sentenced to five years of probation, restitution to the Sisseton-Wahpeton Oyate Tribal Court in the amount of $14,463.80, a $3,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Kirk was indicted by a federal grand jury on July 20, 2020.  She pled guilty on May 21, 2021.

The conviction stemmed from incidents that occurred between May 17, 2018, and October 5, 2018.  At the time, Kirk was employed as an executive assistant to the Sisseton-Wahpeton Oyate (“SWO”) Vice-Chairman.  As part of her job duties, she was responsible for taking possession of money collected by other SWO tribal departments, including the SWO Tribal Court, and delivering it to the SWO Finance Office for deposit.  Kirk stole cash from the SWO Tribal Court and used it for her own purposes.  Kirk covered up her actions by not delivering the accompanying cash collection reports to the SWO Finance Office.

This case was investigated by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

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

Acting United States Attorney Dennis R. Holmes announced that an Armour, South Dakota, man has been indicted by a federal grand jury for threatening communications.

Larry Lee Grueschow, age 64, was indicted on August 3, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 30, 2021, and pled not guilty to the Indictment.

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

On or about the 11th day of June, 2020, Grueschow did transmit in interstate commerce, from the State of South Dakota to Washington, D.C., a telephone communication to a member of Congress.  The telephone communication contained a threat to injure the member of Congress and others.

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

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

Grueschow was released pending trial.  A trial date of November 2, 2021, has been set.

Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Interference with Commerce by Robbery and Use and Brandishing of a Firearm During the Commission of a Crime of Violence was sentenced on August 25, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Troy Fairbanks, age 29, was sentenced to three years and ten months in federal prison for the Robbery conviction and seven years in federal prison for the Firearm conviction.  The sentences are to be served consecutively.  Fairbanks was also sentenced to three years of supervised release, and ordered to pay restitution and a $200 special assessment to the Federal Crime Victims Fund.

The convictions relate to Fairbanks and two other individuals robbing the Quality Inn and Big D at Rapid City in January 2020, and brandishing a pistol at an employee at each establishment.

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.

Fairbanks 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 Receiving Child Pornography was sentenced on August 26, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Jebadiah Swenson, age 39, was sentenced to eight years in federal prison, followed by five years of supervised release, and ordered to pay $11,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Swenson was indicted for the charge by a federal grand jury in August 2020.  He pleaded guilty on December 16, 2020.

The conviction stems from Swenson using the LiveMe social media application between October 1, 2019, and March 7, 2020, to obtain links to child pornography on the Internet.  Special agents executed a search warrant and found hundreds of images and videos of child pornography on electronic devices belonging to Swenson.  The images and videos included child pornography depicting sadism and masochism, sexual abuse of infants and toddlers, and bestiality. 

This case was investigated by the Federal Bureau of Investigation and the South Dakota Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Heather Sazama prosecuted the case.

Swenson 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 has been indicted by a federal grand jury for Possession of a Stolen Firearm and Receipt of a Firearm While Under Indictment.

Huya Smoke, age 19, was indicted on August 19, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on August 25, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from Smoke knowingly being in possession of a stolen 9mm semi-automatic pistol in Rapid City in April 2021.  At the time, Smoke was also under indictment in Meade County, South Dakota. The charges are merely an accusation and Smoke is presumed innocent until and unless proven guilty. 

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

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

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

Acting United States Attorney Dennis R. Holmes announced that a Veblen Flats, South Dakota, man convicted of Abusive Sexual Contact was sentenced on August 30, 2021, by U.S. District Judge Charles B. Kornmann.

Dominic Steven Redday, age 43, was sentenced to 78 months in federal prison, followed by five years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Redday was indicted for Abusive Sexual Contact of a Child and Sexual Abuse of a Minor by a federal grand jury on August 17, 2020.  He pled guilty on June 7, 2021.

From on or about April 2011 to 2012, Redday knowingly engaged in, and attempted to engage in, sexual contacts with a young female victim, using force, threats, and fear.  At the time of the sexual contact, the victim was 12 years of age.

This case was investigated by the Sisseton Wahpeton Tribal Law Enforcement Criminal Investigations Division and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a White River, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.

Kurt Bartlett, age 27, was indicted on February 8, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on July 9, 2021, in Mission, Bartlett unlawfully entered the Todd County School District Bus Shop and stole property valued over $1,000.

The charges are merely accusations and Bartlett 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.   

Bartlett 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 Making a False Statement in the Acquisition of a Firearm was sentenced on August 23, 2021, by U.S. District Judge Karen E. Schreier.

Zachary Taylor Bobbs, age 36, was sentenced to 30 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.

Bobbs was indicted by a federal grand jury on September 1, 2020.  He pled guilty on June 1, 2021.

The conviction stemmed from an incident on November 8, 2019, when Bobbs knowingly made a false and fictitious written statement to a federally licensed firearms dealer when he tried to purchase a firearm.  Said written statement was likely to deceive the firearms dealer.  Bobbs falsely indicated on ATF Form 4473 that he had never been convicted of a felony and that he had never been convicted of a domestic violence when, in fact, he had been convicted of both.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Deputy Chief John E. Haak prosecuted the case.

Bobbs 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 Failure to Register as a Sex Offender was sentenced on August 25, 2021, by U.S. District Judge Karen E. Schreier.

Myles Feather Earring, age 37, was sentenced to 24 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.

Feather Earring was indicted by a federal grand jury on April 6, 2021.  He pled guilty on June 8, 2021.

The conviction stems from Feather Earring failing to register as a sex offender as required by federal law between January 7, 2021, and February 9, 2021.  Feather Earring had previously been convicted of a sex offense in federal court which requires him to register for the rest of his life.

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

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

Acting United States Attorney Dennis R. Holmes announced that Luke Newton Mowrer, age 31, of Mobridge, South Dakota, was found guilty of Assault by Striking, Beating, or Wounding as a result of a two-day federal jury trial in Aberdeen, South Dakota.  He was acquitted of two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.    

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

Mowrer was indicted by a federal grand jury on March 9, 2021. 

The evidence at trial showed that on October 6, 2019, in McLaughlin, South Dakota, Mowrer voluntarily and intentionally assaulted an individual and caused an injury to the person.  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.

Sentencing in the case was scheduled for November 15, 2021.  The defendant was ordered to self-surrender to the custody of the U.S. Marshals Service on October 5, 2021.

Acting United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on August 23, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Diana Swift, age 32, was sentenced to 34 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. 

Swift was indicted by a federal grand jury on November 10, 2020.  She pled guilty on June 1, 2021.

The conviction stemmed from an incident that occurred on September 14, 2020, in Todd County, South Dakota.  On that date, Swift had been consuming alcohol, and was driving a car westbound on US Highway 18 west of Mission, South Dakota.  Swift was traveling at a high rate of speed when she drifted on the eastbound shoulder, overcorrected and then veered into oncoming traffic, striking an eastbound vehicle driven by the victim, an adult female.  The victim died as a result of injuries suffered in the wreck.

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

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

Acting United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 23, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Lloyd Jacob One Star, a/k/a Lloyd One Star, III, age 31, 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.

One Star was indicted by a federal grand jury on February 8, 2021.  He pled guilty on June 3, 2021.

The conviction stemmed from an incident that occurred on December 14, 2021, in Todd County.  On that date, One Star got into a verbal confrontation with his long-term girlfriend, the victim, at their residence.   One Star became angry and punched the victim in the face, permanently injuring her left eye.  One Star also kicked the victim and hit her with a chair.  One Star fled the residence after a family member intervened. 

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

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

Acting 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 August 23, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Kameron Lamont Jackson, age 29, was sentenced to 21 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.

Jackson was indicted by a federal grand jury on March 9, 2021.  He pled guilty on June 3, 2021.

The conviction stemmed from an incident that occurred between December 12, 2020, and March 9, 2021, in Rapid City.  Jackson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, knowingly failed to properly register as a sex offender and update his registration when he changed his place of residence.

 This case was investigated by the U.S. Marshals Service and the Rapid City Police Department.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Jackson 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 Failure to Register as a Sex Offender was sentenced on August 23, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

David Marrowbone, age 58, was sentenced to 24 months in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Marrowbone was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 9, 2020.  He pled guilty on May 21, 2021.

Marrowbone was convicted of Assault with the Intent to Commit Rape in March 1982.  As a result of this conviction, he is required to register as a sex offender.  Marrowbone was convicted of Failure to Register as a Sex Offender in 1998, 2015, and 2018.  On March February 15, 2019, Marrowbone began his term of supervised release but failed to update his sex offender registration between December 25, 2020, and April 21, 2021.

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

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

Acting United States Attorney Dennis R. Holmes announced that a Gettysburg, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 23, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Jamie Holzwarth, age 39, was sentenced to 30 months in federal prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He must also forfeit the firearm.

Holzwarth was indicted for Possession of Firearm by a Prohibited Person by a federal grand jury on March 9, 2020.  He pled guilty on June 1, 2021.

The conviction stems from an incident on February 26, 2020, in Eagle Butte, when Holzwarth, who had previously been convicted of crime punishable by imprisonment exceeding one year, and being an unlawful user of a controlled substance, knowingly possessed a firearm, which had been previously shipped and transported in interstate and foreign commerce. Law enforcement encountered Holzwarth intoxicated in a running vehicle with the firearm and drug related items.

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 Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan Dilges prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Denver, Colorado, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 17, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Emilio Hernandez, age 38, was sentenced to 15 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.

Hernandez was indicted by a federal grand jury on June 19, 2018, and pleaded guilty on April 21, 2021.  Hernandez was found to knowingly be in possession of methamphetamine in April 2018 in Rapid City after Hernandez came into contact with law enforcement.  Hernandez intended to distribute the methamphetamine.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Unified Narcotics Enforcement Team, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a San Jose, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 24, 2021, by U.S. District Judge Karen E. Schreier.

Michael George Sequeira, age 37, was sentenced to 135 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.

Sequeira was indicted by a federal grand jury on December 17, 2019.  He pled guilty on March 8, 2021.

The conviction stemmed from incidents beginning at an unknown date and continuing until on or about December of 2019, when Sequeira knowingly and intentionally combined, conspired, confederated, agreed with others to distribute a mixture or substance containing 500 grams or more of methamphetamine, which is a Schedule II controlled substance.

At the time Sequeira voluntarily joined in the agreement, he knew the purpose of said agreement.  Sequeira provided over 500 grams of methamphetamine to his co-conspirators in South Dakota, who then would redistribute it to drug customers in South Dakota. 

This case was investigated by the U.S. Postal Inspection Service, the Minnehaha County Sheriff’s Department, and the Sioux Falls Police Department.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that Tami Haug-Davis, age 64, of Sioux Falls, South Dakota, appeared before U.S. District Judge Karen E. Schreier on August 23, 2021, and was sentenced for Making a Materially False Statement. 

Haug-Davis was ordered to pay restitution in the amount of $15,000 to the Missouri Valley Crisis Center (MVCC) and to the Department of Justice.  She was also sentenced to one year of probation and to serve 40 hours of community service. 

Beginning in or about September 2016 until February 2019, Tami Haug-Davis was the Director of the Missouri Valley Crisis Center (MVCC) in Chamberlain, South Dakota.  During this time, MVCC was funded in large part by state and federal grants, awarded by the South Dakota Department of Social Services.  MVCC received funds from the following federal grants: Family Violence Prevention Services (FVPS), Department of Health and Human Services, Administration for Children and Families and Crime Victims Assistance (VOCA), Department of Justice, Office of Victims of Crime.

In the fall of 2018, South Dakota Department of Public Safety Victim Services Program (DPS) conducted a review of MVCC pursuant to their receipt of federal and state grants.  DPS later issued MVCC a Corrective Action Plan dated October 11, 2018.  The plan listed seventeen items for which MVCC needed to provide supporting documentation to DPS, including a corrective action that MVCC must provide detailed board meeting minutes from the last three meetings and a complete list of the Board of Directors.

MVCC provided a response to DPS’s directive for more information. Following receipt of MVCC’s response, a complaint was issued by the State of South Dakota’s Division of Criminal Investigation. On March 28, 2019, the Department of Justice – Office of the Inspector General opened an investigation regarding the management of MVCC as it had provided federal grant monies to MVCC.  The Department of Health and Human Services – Office of the Inspector General joined the investigation, as it had also provided federal grant monies to MVCC.

As part of the joint investigation, federal agents with each agency interviewed Haug-Davis. On August 30, 2019, and July 14, 2020, during interviews with federal agents, Haug-Davis knowingly and intentionally made materially false statements regarding the creation, submission, and veracity of board meeting minutes and documents provided to DPS in response to the October 11, 2018, corrective action plan.  Her statements were made about a matter within the jurisdiction of the U.S. Departments of Justice and Health and Human Services, and she knew her statements were untrue when she made the statements to investigators. 

The investigation was conducted by the Department of Justice – Office of the Inspector General, the Department of Health and Human Services – Office of the Inspector General, and the State of South Dakota’s Division of Criminal Investigation.  The case was prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.

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.

Tell Logan Cadotte, age 30, was indicted on July 22, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on August 11, 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, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Cadotte sexually exploiting an underage female between January 2019 and January 2021, by producing images of child pornography. He remained in possession of the images thereafter.  A search of Cadotte’s devices found that he knowingly received and possessed images depicting the minor involved in the sexually explicit conduct.  The charges are merely an accusation and Cadotte is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rapid City Police Department and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.   

Cadotte was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for October 19, 2021.

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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.

Roy Brushbreaker, III, age 27, was indicted on August 19, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 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 May 13, 2021, and July 22, 2021, Brushbreaker, 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 Brushbreaker 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.   

Brushbreaker 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 Wheaton, Minnesota, man convicted of Unlawful Taking of Golden Eagle was sentenced on August 23, 2021, by U.S. Magistrate Judge Mark A. Moreno.

Richard Michael Grohs, age 69, was sentenced to three years of probation, three years no trapping, restitution in the amount of $10,000 to the National Fish and Wildlife Foundation, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Grohs was indicted by a federal grand jury on October 14, 2020.  He pled guilty on August 23, 2021.

The conviction stemmed from an incident that occurred between April and May of 2018, in Roberts County, South Dakota, where Grohs was illegally trapping and snared a golden eagle resulting in its death.  

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

Grohs was released following sentencing.

Acting United States Attorney Dennis R. Holmes announced that a Box Elder, South Dakota, man convicted of Sexual Exploitation of a Minor and Attempted Enticement of a Minor Using the Internet was sentenced on August 17, 2021, by Jeffrey L. Viken, U.S. District Judge.

Adam Ryan Swift, age 32, was sentenced to 30 years in federal prison for Sexual Exploitation of a Minor and life in prison for Attempted Enticement of a Minor Using the Internet.  The sentences are to run concurrently.  Swift was also ordered to pay $24,700 in restitution and a $200 special assessment to the Federal Crime Victims Fund.

Swift was indicted by a federal grand jury on June 11, 2020.  He pleaded guilty on April 9, 2021.  The conviction stems from Swift communicating with the parent of a 9- year-old girl in New York state, who was in fact an undercover agent, with the purpose of engaging in sexual activity with the minor female.  The undercover agent in New York prepared a report and sent to local law enforcement, who were able to identify Swift.  Local law enforcement then contacted Swift, posing as the parent of a 5-year-old girl and arranged a time to meet, again with the purpose of Swift engaging in sexual activity with the minor.  The meeting took place and Swift was arrested.  Forensics of Swift’s devices and accounts revealed he produced images of child pornography with a 4-year-old male, as well as downloaded child pornography off the internet.   

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

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

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

Iverina Crow Eagle, age 43, was indicted on October 14, 2020.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that beginning no later than January 2018, Crow Eagle conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine on the Rosebud Indian Reservation. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan Dilges is prosecuting the case.

Crow Eagle 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 convicted of Possession of an Unregistered Firearm was sentenced on August 16, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Shaun Shorter, age 32, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Shorter was indicted for the charges by a federal grand jury on July 23, 2020, and pleaded guilty on March 10, 2021.  Shorter was knowingly in possession of an illegal sawed-off shotgun, which was found after he came into contact with law enforcement in April 2020 in Rapid City.

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

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

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

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

Randy Little Shield, age 30, was indicted on August 10, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on July 14, 2021, in Pierre, Little Shield conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in central South Dakota. 

The investigation is being conducted by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan Dilges is prosecuting the case.

Little Shield was remanded to the custody of the U.S. Marshals Service pending trial.

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

Derrick One Star, a/k/a Derek One Star, age 34, was indicted on August 10, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on March 28, 2021, in Todd County, South Dakota, One Star unlawfully entered a law enforcement vehicle valued over $1,000.  The Indictment further alleges that on that same day, One Star did forcibly assault, oppose, impede, intimidate, and interfere with law enforcement officers who were employed by the Rosebud Sioux Tribe Law Enforcement Services.

The charges are merely accusations and One Star 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.   

One Star 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, woman convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on August 19, 2021, by U.S. Magistrate Judge Mark A. Moreno.

Kristy Andrews, age 28, was sentenced to 12 months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $50.

Andrews was indicted by a federal grand jury on February 11, 2020.  She pled guilty on November 12, 2020.

The conviction stemmed from an incident that occurred on November 23, 2019, in Lower Brule.  Andrews assaulted two federal law enforcement officers while they were engaged in the performance of their official duties.

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

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

Acting United States Attorney Dennis R. Holmes announced that a Hermosa, South Dakota, man convicted on one count of Conspiracy to Distribute a Controlled Substance and one count of Possession of a Firearm by a Prohibited Person was sentenced on August 13, 2021, by Judge Karen E. Schreier, U.S. District Court.

Klaus Anderst, age 39, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release on the conspiracy charge, and 10 years and three years of supervised release on the firearm charge, sentences to run concurrently.  He was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Anderst was indicted for the charges by a federal grand jury on June 11, 2020, and pleaded guilty on February 21, 2021.  Anderst, a previously convicted felon who is prohibited from possessing firearms, was found to knowingly be in possession of multiple firearms, some of which were stolen, and a sawed-off shotgun after he came into contact with law enforcement in March 2020 in Rapid City.  Anderst was also found in possession of methamphetamine and had been distributing large quantities of methamphetamine in and around Rapid City.

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

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Spearfish, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on August 17, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Stanley Lee Lumbardy, age 70, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and a $5,000 special assessment to the Victims of Trafficking Fund.  Lumbardy will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Lumbardy was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2019 Sturgis Motorcycle Rally, targeting internet predators.  Following multiple chats Lumbardy exchanged with a person he believed to be a 15-year-old girl, but who was in fact an undercover agent.  Lumbardy requested photos from the 15-year-old undercover persona and negotiated a time and place he would meet the minor to engage in unlawful sex acts.  When Lumbardy went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

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

Lumbardy 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, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and two counts of Possession with Intent to Distribute a Controlled Substance.

Frances Sioux Montero, age 40, was indicted on August 10, 2021.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 17, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on May 12, 2021, and June 1, 2021, Montero knowingly and intentionally possessed methamphetamine in Eagle Butte with intent to distribute the drug.  Further, on June 1, Montero resisted a lawful arrest and caused the arresting officer to cut his finger when they fell to the ground and a methamphetamine pipe Montero had been holding shattered.   

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

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

Michael Herring, age 55, was indicted on June 8, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 12, 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 January 24, 2021, in Pierre, South Dakota, Herring, who had previously been convicted of crime punishable by imprisonment exceeding one year, and being an unlawful user of a controlled substance, knowingly possessed a firearm, which had been previously shipped and transported in interstate and foreign commerce.

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 Pierre Police Department, the South Dakota Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan Dilges is prosecuting the case.

Herring 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 Attempted Possession of Child Pornography was sentenced on July 20, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Darren Harrison, age 26, was sentenced to 24 months in federal prison, followed by five years of supervised release.  Harrison was also ordered to pay a total of $100 in special assessments to the Federal Crime Victims Fund.

Harrison was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2020 Sturgis Motorcycle Rally, targeting online predators.  Following multiple online communications with a person Harrison believed to be a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts.  When Harrison went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest. 

This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, and the Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Phoenix, Arizona, man convicted of Attempted Commercial Sex Trafficking of a Minor and Attempted Enticement of a Minor Using the Internet was sentenced on July 8, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Carlocito Slim, age 35, was sentenced to two 10-year terms in federal prison, to run concurrently.  Slim was also sentenced to two 5-year terms of supervised release, to run concurrently, and was ordered to pay a total of $200 in special assessments to the Federal Crime Victims Fund.

Slim was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2017 Sturgis Motorcycle Rally, targeting internet predators.  Following multiple text messages with a person Slim believed to be a pimp for a 15 year-old prostitute, but who was in fact an undercover agent, he proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts.  When Slim went to the pre-determined location to meet the minor’s pimp, he was instead met by law enforcement agents and placed under arrest.  Slim was found guilty following a two-day federal court trial on March 10, 2021.

This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, and the Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Norris, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.

Harold White Hat, age 37, was indicted on August 10, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 16, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on November 3, 2020, in Mellette County, White Hat knowingly engaged in sexual contact with a minor victim.  The Indictment further alleges that the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual conduct.

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

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

White Hat 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 Stanley Gene Schily, Sr., age 66, of Mobridge, South Dakota, was found guilty of Conspiracy to Distribute 50 Grams or More of Methamphetamine as a result of a two-day federal jury trial in Aberdeen, South Dakota. 

The charge carries a maximum penalty of life in federal prison and/or an $8,000,000 fine, a lifetime of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution may be ordered.  

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.    

The evidence at trial showed Schily knowingly and intentionally conspired with several individuals to distribute approximately 140 grams of methamphetamine in and around Mobridge, South Dakota, 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.  Schily spoke with law enforcement and made several admissions about his involvement in methamphetamine trafficking.

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

A sentencing date was set for November 15, 2021.  The defendant was immediately remanded to the custody of the U.S. Marshals Service after the jury reached its verdict.

Acting United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Involuntary Manslaughter was sentenced on August 16, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Patrick Dion, age 55, was sentenced to 30 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 $7,126.48.

Dion was indicted by a federal grand jury on February 8, 2021.  He pled guilty on May 10, 2021. 

The conviction stemmed from an incident that occurred on January 14, 2021, in Fort Thompson.  Dion was driving his vehicle while intoxicated and failed to yield for a pedestrian in a marked crosswalk.  The victim died instantly. 

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

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

Acting United States Dennis R. Holmes announced that the South Dakota Division of Criminal Investigation (DCI), the South Dakota Internet Crimes Against Children Task Force (ICAC), and U.S. Homeland Security Investigations (HSI) conducted a joint sex trafficking operation during the 2021 Sturgis Motorcycle Rally.  The operation began on August 6, 2021, and continued through August 12, 2021.  

As a result, the following nine men were arrested and charged with a variety of offenses:

Alec Walker Daniel, 22, Rapid City, South Dakota:  Attempted Enticement of a Minor Using the Internet

Alexander Wayne Basaldu, 35, Rapid City, South Dakota: Attempted Enticement of a Minor Using the Internet

Jesse James Young, 36, Rapid City, South Dakota:  Attempted Enticement of a Minor Using the Internet

Joshua Robert Lehmann, 34, Rapid City, South Dakota:  Attempted Enticement of a Minor Using the Internet

Christopher Thomas Dahl, 28, Wolcott, NY: Attempted Commercial Sex Trafficking of a Minor

Stephen Gregory Fontenot, 39, Black Hawk, South Dakota: Attempted Enticement of a Minor Using the Internet

Anthony James Kemp, 54, Spearfish, South Dakota: Attempted Enticement of a Minor Using the Internet

James Dean Hanapel, 20, Ellsworth AFB: Attempted Enticement of a Minor Using the Internet

Clayton John Paulson, 36, Spearfish, South Dakota: Attempted Enticement of a Minor Using the Internet

The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years up to life in federal prison; any term of years, not less than five, up to lifetime supervised release; $100 to the Federal Crime Victims Fund; and a $5,000 assessment if not indigent.  Restitution may also be ordered.

The mandatory minimum penalty upon conviction for Attempted Commercial Sex Trafficking of a Minor is 15 years up to life in federal prison; a $250,000 fine; any term of years, not less than five, up to lifetime supervised release; $100 to the Federal Crime Victims Fund; and a $5,000 assessment if not indigent.  Restitution may also be ordered.

The charges are merely accusations and all nine defendants are presumed innocent until and unless proven guilty.

The agencies involved in the operation were DCI, ICAC, HSI, the U.S. Attorney’s Office, Ellsworth AFB Office of Special Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office.

The cases are being federally prosecuted by Assistant U.S. Attorney Sarah B. Collins.

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

Acting United States Attorney Dennis R. Holmes announced that a Cherry Creek, South Dakota, man was sentenced for Assault by Striking, Beating, or Wounding and Tampering with Evidence on August 12, 2021, by Chief Judge Roberto A. Lange, U.S. District Court. 

Samuel Francis White Horse, age 33, was sentenced to 30 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 $125.  

White Horse was indicted by a federal grand jury on March 9, 2020.  He was convicted after a three-day federal jury trial in Pierre, South Dakota, on June 25, 2021.    

The jury found that on February 12, 2020, White Horse assaulted a man, who crashed his vehicle into White Horse’s yard while suffering from a medical emergency, by punching him in the head.  Jerome White Horse, Jr., the defendant’s father, also used a garden hoe to strike the victim in the head multiple times.  The victim died several days later after suffering from significant bleeding in his brain.  Jerome White Horse, Jr. pled guilty to and was convicted of Voluntary Manslaughter.  After witnessing his father beat the victim with the garden hoe, the defendant took control of the weapon and hid it under the front porch of his home to conceal it from law enforcement.  The garden hoe was recovered during the execution of a search warrant a couple days later and found by the South Dakota Forensic Laboratory to have the victim’s DNA on the blade and Jerome White Horse, Jr.’s DNA on the handle.         

The investigation was conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.   

White Horse was immediately remanded to the custody of the U.S. Marshals Service after the sentencing.

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

Alex Usher, age 32, was sentenced on August 9, 2021, to four years and nine months in federal prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  He was also ordered to pay $600 in restitution.

Usher was indicted by a federal grand jury in January 2019.  The charge relates to Usher, who is a previously convicted felon and prohibited from possessing firearms, being found in possession of a Winchester shotgun, which was found after a search of Usher’s residence in November 2018.

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

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

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