FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Wyoming Man Sentenced to Prison for Conspiracy to Commit Bank Fraud and Identity TheftRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rock Springs, Wyoming, man convicted of one count of Conspiracy to Commit Bank Fraud and two counts of Aggravated Identity Theft was sentenced on April 15, 2021, by Jeffrey L. Viken, U.S. District Judge.
Gregory Harrison, age 49, was sentenced to 71 months in federal prison, followed by 3 years of supervised release on the Conspiracy to Commit Bank Fraud charge. Harrison was sentenced to 24 months in federal prison, followed by 3 years of supervised release on both of the Aggravated Identity Theft charges. The custody sentences will be served consecutively to each other for a total of just under 8 years. Harrison was also ordered to pay $100 in special assessments to the Federal Crime Victims Fund for each charge. In addition, Harrison was ordered to pay $11,913.19 in restitution.
Harrison was indicted on January 22, 2020. The conviction stems from Harrison conspiring with others to fraudulently obtain cash, goods, and services through the use of aggravated identity theft and bank fraud. Harrison used identifying information pertaining to real individuals to create fraudulent checks. Harrison and his codefendants cashed fraudulent checks for cash, goods, and services in western South Dakota in 2018 and 2019.
This case was investigated by the Rapid City Police Department. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Harrison was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Indicted on Assault ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon.
Koty Arcoren, age 29, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 7, 2021, in St. Francis, Arcoren assaulted an individual with a knife with intent to do bodily harm.
The charge is merely an accusation and Arcoren 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.
Arcoren was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Indicted for Domestic Assault by an Habitual Offender and Child AbuseRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender and Child Abuse.
Jeremy Iron, a/k/a Jeremy Red Tomahawk, age 36, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 9, 2020, and October 27, 2020, in Todd County, South Dakota, Iron unlawfully committed a domestic assault and, at the time of the domestic assault, Iron had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse, intimate partner, or a child of or in the care of Iron. The Indictment further alleges that at the same time and place, Iron did abuse, expose, torture, torment, and cruelly punish two different children who had not attained the age of eighteen.
The charges are merely accusations and Iron 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.
Iron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted on Carjacking, Robbery, and Assault ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Carjacking, Robbery, Assault With a Dangerous Weapon, and Assaulting, Resisting and Impeding a Federal Officer.
Eurico Da Silva-Roubideaux, a/k/a Eurico Roubideaux, age 20, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 7, 2021, in Todd County, South Dakota, Da Silva-Roubideaux assaulted an individual with a hammer with intent to do bodily harm and stole the individual’s vehicle. The Indictment further alleges that on February 8, 2021, Da Silva-Roubideaux did forcibly assault, oppose, impede, intimidate, and interfere with law enforcement officers who were employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a vehicle operated by Da Silva-Roubideaux.
The charges are merely accusations and Da Silva-Roubideaux 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.
Da Silva-Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Indicted for Involuntary ManslaughterRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Eugene Skunk, age 42, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 26, 2020, in Lower Brule, Skunk killed another human being by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Skunk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs, Lower Brule. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Skunk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Yankton Man Sentenced for Possession of a Controlled SubstanceRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on April 19, 2021, by U.S. District Judge Karen E. Schreier.
Michael Wayne Zephier, age 40, was sentenced to 3 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Zephier was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 3, 2020. He was found guilty of the lesser offense of Possession of a Controlled Substance as a result of a federal jury trial in Sioux Falls on March 3, 2021.
The conviction stemmed from an incident on February 2, 2020, when Zephier got the car he was driving stuck in a ditch near Marty, South Dakpta. A Yankton Sioux Tribal Law Enforcement officer found the car and noticed it had expired license plates. While the officer was waiting for a tow truck, Zephier arrived in another vehicle and stated the stuck car belonged to a friend who was not from Marty. Zephier then left, but then returned to tell the officer that his friend did not want to come back to his car.
When the officer asked Zephier for his name, Zephier provided a false name. However, the officer knew the actual person whose name Zephier used so the officer instructed Zephier not to leave. Zephier then fled on foot. The officer pursued Zephier on foot, quickly subdued and arrested him. When searched, Zephier had several bags of methamphetamine on him. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Homeland Security, and the Yankton Sioux Law Enforcement. Special Assistant U.S. Attorney Mark Hodges prosecuted the case.
St. Francis Man Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Charles Cordier, III, age 22, was sentenced to 10 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cordier was indicted by a federal grand jury on January 14, 2020. He pled guilty on February 1, 2021.
The conviction stemmed from an incident that occurred in the afternoon of November 5, 2019, in Rosebud, South Dakota. On that date, Cordier was arrested by a Rosebud Sioux Tribe Law Enforcement Services Officer for assaulting his girlfriend and placed in a patrol vehicle. As the arresting officer was preparing to depart the scene, Cordier began kicking the patrol vehicle window. The officer opened the door to restrain Cordier, at which point Cordier head-butted and kicked the officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cordier was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Phillip Little Hoop, age 38, was sentenced to 120 months in federal prison, followed by 7 years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Hoop was indicted by a federal grand jury on September 10, 2019. He pled guilty on February 1, 2021.
The conviction stemmed from an incident that occurred on August 25, 2019, in Rosebud, wherein Little Hoop sexually assaulted a six-year-old child.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Little Hoop was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
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 Jeffrey L. Viken, District Judge.
Marvin Brings Plenty, age 30, was sentenced on April 16, 2021, to 30 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge relates to Brings Plenty, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Hi-Point 9mm Luger semi-automatic pistol in May 2020 at Rapid City, which was found after Brings Plenty came into contact with law enforcement during a traffic stop.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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.
Brings Plenty was immediately remanded to the custody of the U.S. Marshals Service.
Guatemalan Man Charged with Multiple Firearm ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Guatemala City, Guatemala, man has been indicted by a federal grand jury for Delivering Package with Firearms without Written Notice to the Carrier, Transferring Firearms to Out of State Resident, Making False Statement in Connection with a Purchase of Firearms, and Smuggling Goods from the United States.
Jordi Raul Rogel-Rodas, a/k/a “Jordy Raul,” age 23, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 20, 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, 3 years of supervised release, and up to $800 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 27, 2020, June 11, 2020, August 3, 2020, October 30, 2020, and November 24, 2020, Rogel-Rodas, in connection with the attempted acquisition of several firearms, falsely indicated he was purchasing firearms for himself, when he was, in fact, buying them for another person.
The Indictment also alleges that on January 6, 2021, Rogel-Rodas, not being a licensed firearms dealer, mailed seven firearms and 939 rounds of assorted caliber ammunition to someone residing in Guatemala.
The charges are merely accusation and Rogel-Rodas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Alcohol, Tobacco, Firearm, and Explosives and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Rogel-Rodas was released on bond pending trial, which has been set for July 20, 2021.
Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Samuel Swift Bird, age 30, was sentenced to 34 months in federal prison, followed by three years of supervised release, a $500 fine, a special assessment to the Federal Crime Victims fund in the amount of $100, and forfeiture of three firearms and ammunition.
Swift Bird was indicted by a federal grand jury on September 9, 2020. He pled guilty on February 1, 2021.
On August 30, 2019, at a motel in Eagle Butte, Swift Bird knowingly and intentionally possessed five grams of methamphetamine with intent to distribute. He also possessed a handgun and over $6,000 in U.S. currency.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Swift Bird was immediately remanded to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Cattle ConversionRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota, man convicted of Conversion of Mortgaged or Pledged Property was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Daris William LaPlante, age 51, was sentenced to five years of probation and ordered to pay $74,700.58 in restitution to the Farm Service Agency of the U.S. Department of Agriculture. He must also pay a $100 special assessment to the Federal Crime Victims Fund.
LaPlante was indicted by a federal grand jury on August 11, 2020. He pled guilty on February 1, 2021.
In 2015, LaPlante took out a loan from the Farm Service Agency to purchase livestock and farm equipment for his ranch near Dupree, South Dakota. The livestock and equipment was secured as collateral for the loan. Over the next several years, LaPlante knowingly sold 44 head of cattle without the Farm Service Agency’s knowledge or consent. LaPlante kept the profits for himself instead of paying back his loan. He also gave away 20 cows that he could no longer care for, also without the Farm Service Agency’s knowledge or consent. The total loss for the stolen cattle amounted to $74,700.58.
The investigation was conducted by the U.S. Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Black Hawk Man Sentenced on Robbery ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted of Interference with Commerce by Robbery was sentenced by Jeffrey L. Viken, U.S. District Judge.
Nicholas Butler, age 19, was sentenced on April 19, 2021, to 30 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $1,579.49 in restitution to Rushmore Casino.
The charge relates to Butler who, along with two other individuals, robbed the casino at gunpoint in March 2020 in Rapid City.
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 is also part of Project Guardian, the Department of Justice’ssignature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Butler was immediately remanded to the custody of the US Marshals Service.
Rapid City Man Found Guilty of Fifteen Internet Crimes Against ChildrenRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Kyle Garret Soto, 34, of Rapid City, South Dakota, was convicted of five counts of Sexual Exploitation of a Minor, one count of Attempted Sexual Exploitation of a Minor, six counts of Enticement of a Minor Using the Internet, two counts of Receipt of Child Pornography, and one count of Possession of Child Pornography following a week-long federal jury trial held in U.S. District Court in Rapid City. The guilty verdicts were returned on April 16, 2021.
Between February 2014 and April 2018, Soto engaged in prolific sexual activity with numerous minors over the internet, including demanding, receiving, and sending pornographic images and videos. Soto threatened to distribute the minors’ images and videos online if they failed to comply with his ultimatums to provide him with additional pornographic items. Subsequent to his arrest in April 2018, forensic examination of Soto’s devices revealed hundreds of images of child pornography. Soto’s victims ranged in age from approximately 7 years old to 15 years old.
The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Department of Homeland Security, Pennington County Sheriff’s Office, Rapid City Police Department, Rhode Island Internet Crimes Against Children Task Force, and the New Mexico Office of the Attorney General.
Assistant U.S. Attorneys Sarah Collins and Heather Sazama prosecuted the case.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
James McKinstry, age 73, was indicted on February 19, 2021. McKinstry appeared before U.S. Magistrate Judge Daneta Wollmann on March 24, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to McKinstry receiving and possessing child pornography between September 2016 and July 2020 at Rapid City. The charges are merely an accusation and McKinstry is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McKinstry was released on conditions pending trial. A trial date has been set for June 1, 2021.
Black Hawk Man Sentenced for Illegal Possession of FirearmsRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted on two counts of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, District Judge.
Dana Greening, age 26, was sentenced on April 15, 2021, to 100 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The charges relate to Greening, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 19, 9mm semi-automatic pistol and a Hi-Point, .40 caliber pistol, both with obliterated serial numbers. The Glock pistol was among the 24 firearms that were stolen by two other individuals from The Rooster sporting goods store in Rapid City in August 2018. During the investigation, 22 of the 24 stolen guns were recovered by law enforcement.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Department of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Greening was immediately remanded to the custody of the U.S. Marshals Service.
Aberdeen Man Charged with Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography.
Charles Chambers, age 36, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 23, 2021, Chambers knowingly distributed and attempted to distribute child pornography that has 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 Chambers is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Aberdeen Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Chambers was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis 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.
Myles Feather Earring, age 37, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 15, 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.
The Indictment alleges that Feather Earring, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between January 7, 2021, and February 9, 2021.
The charge is merely an accusation and Feather Earring 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.
Feather Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mobridge Man Indicted for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Spencer Jacob Rinehart, age 28, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2017, and April 29, 2020, Rinehart knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine in Mobridge, South Dakota.
The charge is merely an accusation and Rinehart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Mobridge Police Department, the Northern Plains Safe Trails Drug Enforcement Task Force, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Rinehart was released on conditions pending trial. A trial date has not been scheduled.
Iowa Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Inwood, Iowa, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Kyle William King, age 34, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 14, 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.
The Indictment alleges that on King, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between October 1, 2020, and February 8, 2021.
The charge is merely an accusation and King 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.
King was remanded to the custody of the State pending trial. A trial date has not been set.
Colorado Man Indicted for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Colorado Springs, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine.
Chad William Chapman, age 36, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 16, 2021, in the District of South Dakota, Chapman knowingly and intentionally possessed 50 grams or more of methamphetamine with intent to distribute it. Chapman was pulled over by the Aberdeen Police Department in Aberdeen and found in possession of nearly a pound of methamphetamine and $6,135 in U.S. currency.
The charge is merely an accusation and Chapman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Aberdeen Police Department and the Brown County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Chapman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been scheduled.
Aberdeen Man Indicted on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Brent Wayne Vostad, age 36, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 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 February 27, 2021, in Aberdeen, South Dakota, Vostad, while knowingly being a convicted felon and a user of a controlled substance, knowingly possessed a loaded handgun, which had been transported in interstate commerce.
The charge is merely an accusation and Vostad is presumed innocent until and unless proven guilty.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Aberdeen Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Vostad was remanded into the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on April 12, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Neil Blue Coat, age 35, was sentenced to 14 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 forfeiture of three handguns and ammunition.
Blue Coat was indicted by a federal grand jury on August 11, 2020. He pled guilty on January 11, 2021.
On July 14, 2017, in Eagle Butte, Blue Coat knowingly possessed a handgun while being a user of methamphetamine and marijuana. Blue Coat was also arrested on September 26, 2019, with two more handguns, marijuana, and several items of drug paraphernalia in Eagle Butte. The manufacturer’s serial number had been obliterated from one of the handguns.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Blue Coat was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis 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.
Steven Roubideaux, age 51, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 8, 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.
The Indictment alleges that Roubideaux, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between May 17, 2020, and May 28, 2020.
The charge is merely an accusation and Roubideaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis 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.
Billy Frank Burchell, age 50, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 8, 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.
The Indictment alleges that on Burchell, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between November 6, 2019, and November 10, 2020.
The charge is merely an accusation and Burchell 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.
Burchell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sex Offender Makes Appearance in Federal Court for Failing to RegisterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man previously convicted of felony sex crimes, appeared in federal court.
Jeremiah Calvin Rederth, age 38, made his appearance from U.S. Penitentiary – Leavenworth, in Leavenworth, Kansas, before U.S. Magistrate Judge Veronica L. Duffy. Rederth pled guilty to the Indictment returned against him for Failure to Register as a Sex Offender.
According to court documents, Rederth was convicted in 2010 of fourth degree rape, a Class 3 Felony, in the 3rd Judicial Circuit, South Dakota. He was sentenced to 10 years, and 2 years of the sentence were suspended with conditions. As a result of his prior conviction, Rederth is classified as a Tier II sex offender, which requires him to register 2 times per year and update the sex offender registry within 3 days of any change of address, school, or place of employment. Rederth knew of his obligation to register as a sex offender and to update his registration, but failed to do so.
This investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Rederth was remanded to custody to continue serving his sentence for other conduct. A sentencing date has not been set.
Sex Offender Makes Appearance in Federal Court for Failing to RegisterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Texas man, previously convicted of felony sex crimes, appeared in federal court.
Rene Albarez DeLeon, Jr., age 44 of Texas, made his appearance in federal court in Pierre before U.S. Magistrate Judge William D. Gerdes. DeLeon pled not guilty to the Indictment returned against him for Failure to Register as a Sex Offender.
The maximum penalties for the offense are 10 years of imprisonment, and/or a $250,000 fine, a mandatory minimum term of five years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund.
According to the Indictment, in April 2020, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update a registration. He is a sex offender by reason of a conviction for sexual assault of a child under the laws of the State of Texas, and he traveled in interstate commerce, and having entered, left, and resided in Indian country, while failing to register or update his registration.
The charge against DeLeon is merely an accusation, and he is presumed innocent until and unless proven guilty.
This investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the cases.
DeLeon was remanded to custody to continue serving his sentence for other conduct. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis 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.
Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 38, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 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.
Escarsega was convicted of Aggravated Sexual Abuse in July 2003. As a result of this conviction, he is required to register as a sex offender. It is alleged that between August 10, 2020, and October 14, 2020, Escarsega, 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 Escarsega 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.
Escarsega was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Receives 35-Year Sentence for Second Degree MurderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced by Jeffrey L. Viken, U.S. District Court.
Ricky Bagola, age 34, was sentenced on April 6, 2021, to 35 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each charge.
Bagola was indicted by a federal grand jury in June 2020. On the morning of January 3, 2020, Bagola and two others went to a residence in Pine Ridge to confront an individual about being shorted methamphetamine. Bagola was denied entry into the home by the occupants. Bagola used his .22 caliber firearm to shoot seven rounds into the home, two of which struck and killed the victim.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced for Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Gordon, Nebraska, man convicted of Sexual Abuse of a Minor was sentenced by Jeffrey L. Viken, U.S. District Court.
Aaron Wade, age 48, was sentenced on April 6, 2021, to 46 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund for each charge.
Wade was indicted by a federal grand jury in January 2019. The charge related to Wade sexually abusing a juvenile female in 2017 at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Wade was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Sentenced to 45 Years in Federal Prison for Sexual AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced by Jeffrey L. Viken, U.S. District Court.
Antonio Frazier, age 35, was sentenced on April 5, 2021, to 45 years in federal prison, followed by a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund for each charge. The time in federal prison is to be served concurrently.
Frazier was indicted by a federal grand jury in February 2020. The charges related to Frazier, between 2005 and 2011, having sexual contact with a minor female child at a housing development near Kyle. Between 2003 and 2004, Frazier also had sexual contact with another juvenile female near Kyle.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Frazier was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Luis Torres, a/k/a “Bubba”, age 21, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 5 years, and up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 1, 2019, and February 28, 2019, in Eagle Butte, Torres knowingly caused and attempted to cause a minor who had not attained the age of 16, to engage in a sexual act.
The charge is merely an accusation and Torres is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Torres was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Charged with Multiple Fraud Counts regarding Pandemic Relief ProgramsRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Bank Fraud, Attempted Bank Fraud, False Statement to a Financial Institution; Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity, and False Statement.
James Bunker, d/b/a Genuine Builders, Inc., d/b/a Tri-State Ag Services, LLC, d/b/a Falls Framing, LLC, and d/b/a No. 18, LLC, age 50, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, five years of supervised release, and up to $1,200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Bunker defrauded or attempted to defraud banks in connection with his efforts to acquire loans under the Paycheck Protection Program, or the Main Street Lending Program that relate to pandemic relief programs. The Indictment also alleges that Bunker submitted or caused to be submitted false financial documents to the banks and lied on loan forgiveness applications submitted to the U.S. Small Business Administration.
The charges are merely accusations and Bunker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Internal Revenue Service, and the U.S. Attorney’s Office. The Special Inspector General for Pandemic Recovery is also assisting in this case. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Bunker was released on bond pending trial which has been set for June 15, 2021.
Pine Ridge Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Jeffrey L. Viken, U.S. District Court.
Benton Rowland, age 36, was sentenced on March 26, 2021, to 20 years in federal prison, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Rowland was indicted by a federal grand jury in November 2016. The charge related to Rowland engaging in sexual contact with a child under the age of 12, between 2008 and 2014 at Pine Ridge and Manderson, South Dakota.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Rowland was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Woman Charged with Assault of Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault of a Federal Officer.
Theresa Red Fox, age 35, was indicted on February 8, 2021. She appeared before U.S. Magistrate Judge William D. Gerdes on April 2, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 27, 2020, in McLaughlin, Red Fox assaulted two Bureau of Indian Affairs police officers while they were performing a lawful arrest.
The charges are merely accusations and Red Fox is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Red Fox was released on conditions pending trial. A trial date has not been set.
Kyle Man Found Guilty of Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Charles “CJ” Good Voice Elk, age 29, of Kyle, South Dakota, was found guilty of Sexual Abuse and Sexual Abuse of a Minor following a federal jury trial in Rapid City, South Dakota. The verdict was returned on April 1, 2021.
The convictions carry a sentence of up to life in federal prison and/or a $250,000 fine, any term of years not less than five up to life of supervised release, a $200 special assessment to the Federal Crime Victims Fund, and restitution.
Evidence at trial established that Good Voice Elk engaged in sexual intercourse with the juvenile victim in January 2018, at Kyle.
The investigation was conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Heather Sazama prosecuted and tried the case.
A sentencing date will be scheduled. Good Voice Elk was remanded to the custody of the U.S. Marshals Service pending sentencing.
Flandreau Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Flandreau, South Dakota, man convicted of Abusive Sexual Contact was sentenced on April 5, 2021, by U.S. District Judge Karen E. Schreier.
Cecil Long, age 68, 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.
Long was indicted by a federal grand jury on January 7, 2020. He pled guilty on November 16, 2020.
The conviction stemmed from an incident between August 31, 2015, and August 30, 2016, when Long, without permission, engaged in sexual contact with a juvenile victim, who lived with Long at the time.
This case was investigated by the Federal Bureau of Investigation and the Flandreau Santee Sioux Tribal Police Department. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Long has been allowed to self-report to the custody of the U.S. Marshals Service by April 26, 2021.
Texas Man Sentenced to 10 Years for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Fort Worth, Texas, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 29, 2021, by U.S. District Judge Karen E. Schreier.
Michael Allen Youngberg, a/k/a Opie, age 50, was sentenced to 120 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Youngberg was indicted by a federal grand jury on September 1, 2020. He pled guilty on January 22, 2021.
The conviction stemmed from incidents beginning on an unknown date and continuing to on or about September 1, 2020, when Youngberg, along with at least one other person, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture containing methamphetamine. Youngberg facilitated the transportation and exchange of the methamphetamine which was intended for re-distribution within South Dakota and elsewhere. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Youngberg was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for AssaultRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on March 29, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Nicholas Miles Ten Fingers, age 27, was sentenced to 12 months in federal prison, one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Ten Fingers was indicted by a federal grand jury on September 9, 2020. He pled guilty on January 28, 2021.
The conviction stemmed from an incident that occurred on July 25, 2019, in Todd County, South Dakota. On that date, Ten Fingers cut a man with a knife.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Ten Fingers was immediately turned over to the custody of the U.S. Marshals Service.
Huron Man Charged with Failure to RegisterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Huron, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Patrick Red Legs, age 27, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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, 5 years, and up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on multiple occasions between May 31, 2020, and September 16, 2020, Red Legs, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Red Legs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Red Legs was remanded to the custody of the U.S. Marshals Service pending trial. A trial date of June 8, 2021, has been set.
Sioux Falls Man Sentenced for Heroin TraffickingRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 8, 2021 by U.S. District Judge Karen E. Schreier.
Jonathan Edward Brown, age 34, was sentenced to 84 months in federal prison, followed by four years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brown was indicted by a federal grand jury on September 1, 2020. He pled guilty on December 14, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until on or about September 1, 2020, when Brown knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute a mixture and substance containing 100 grams or more of heroin.
Brown voluntarily and intentionally joined in the agreement to distribute heroin. Brown also knew the purpose of the agreement. Brown obtained over 100 grams of heroin from a co-conspirator and re-distributed to drug customers in the District of South Dakota and elsewhere. Heroin is a Schedule I controlled substance.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Brown was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Distribution of a Controlled Substance Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on March 29, 2021, by U.S. District Judge Karen E. Schreier.
Jordan Daniel Ugalde, age 29, was sentenced to 240 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.
Ugalde was indicted by a federal grand jury on August 17, 2020. He pled guilty on January 4, 2021.
The conviction stemmed from an incident on or about May 6, 2019, when Ugalde, knowingly and intentionally distributed heroin and said heroin resulted in the serious bodily injury of a victim. The victim self-injected the heroin provided by Ugalde and sustained an overdose which was reversed by the administration of Narcan. Heroin is a Schedule I controlled substance.
This case was investigated by the Sioux Falls Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Ugalde was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Woman Charged with Assault of Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for Assault of a Federal Officer.
Valerie Red Fish, age 43, was indicted on February 8, 2021. She appeared before U.S. Magistrate Judge William D. Gerdes on March 26, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 27, 2020, in McLaughlin, Red Fish assaulted a Bureau of Indian Affairs officer by spitting on her while she was performing her official duties.
The charge is merely an accusation and Red Fish is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Red Fish was released on conditions pending trial. A trial date has not been set.
Five Men and One Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that six defendants convicted of Conspiracy to Distribute a Controlled Substance, have been sentenced to federal prison terms by U.S. District Judge Karen E. Schreier.
Robert Henry Heyer, Jr., a/k/a Bobby Heyer, age 49, from Peoria, Arizona, was sentenced on March 8, 2021, to 280 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Andrew Charles Anderson, a/k/a Andy Anderson, age 44, from Sioux Falls, South Dakota, was sentenced on December 14, 2020, to 60 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rex Leon Burtis, age 57, from Coleman, South Dakota, was sentenced on October 26, 2020, to 144 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jacquelyn Ann Muhs, age 45, from Dimock, South Dakota, was sentenced on May 18, 2020, to 120 months of federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Alex Geoffery Lang, age 26, from Sioux Falls, South Dakota, was sentenced on May 11, 2020, to 114 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Christopher F. Vonwille, age 58, from Sioux Falls, South Dakota, was sentenced on October 21, 2019, to 180 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Vonwille was indicted on March 5, 2019; Muhs and Burtis were indicted on May 8, 2019; Lang was indicted on June 6, 2019; and Anderson and Heyer were indicated on January 7, 2020.
Vonwille pled guilty on August 2, 2019; Lang pled guilty on January 28, 2020; Muhs pled guilty on February 24, 2020; Anderson pled guilty on September 23, 2020; and Heyer pled guilty on October 5, 2020.
Burtis was found guilty as a result of a federal jury trial in Sioux Falls, South Dakota, on July 28, 2020.
Beginning at an unknown date and continuing until on or about January 7, 2020, in the District of South Dakota and elsewhere, Defendants knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, which is a Scheduled II controlled substance.
This case was investigated by the U.S. Postal Inspection Service, Drug Enforcement Administration, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Department of Criminal Investigation. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
All Defendants were turned over to the custody of the U.S. Marshals Service following their sentencings.
Rapid City Woman Found Guilty of Theft of Government Property and FraudRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Holli Lundahl, a/k/a Holli Telford, age 64, of Rapid City, South Dakota, was found guilty of Theft of Government Property and Supplemental Security Income Benefits Fraud following a federal jury trial in Rapid City, South Dakota. The verdict was returned on March 25, 2021.
The Theft of Government Property charge carries a maximum penalty of 10 years in prison and/or a $250,000 fine, and 3 years of supervised release. The Supplemental Security Income Benefits Fraud charge carries a maximum penalty of 5 years in prison and/or a $250,000 fine, and 3 years of supervised release. Each charge also carries a $100 special assessment to the Federal Crime Victims Fund and restitution may be ordered.
Evidence at trial established Lundahl knowingly stole and converted to her own use over $40,000 worth of Social Security Administration Title XVI Social Security Supplemental Income payments between 2014 and 2019. The evidence showed Lundahl received and kept the payments, even though she was not entitled to them, because she owned property and had resources far in excess of the limits permissible for Title XVI beneficiaries. In order to continue to receive the benefits, Lundahl falsely reported, concealed, and failed to disclose to the Social Security Administration extensive property, resources, and assets she held or possessed.
This case was investigated by the Office of the Inspector General – Social Security Administration. Assistant U.S. Attorney Eric Kelderman prosecuted and tried the case.
A presentence investigation was ordered and a sentencing date has not been set. Lundahl remains released on bond pending sentencing.
Sioux Falls Man Sentenced for Distribution of a Controlled Substance Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on March 22, 2021, by U.S. District Judge Karen E. Schreier.
Jacob Allen Baker, age 27, was sentenced to 240 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.
Baker was indicted by a federal grand jury on August 17, 2020. He pled guilty on December 21, 2020.
The conviction stemmed from an incident on or about August 14, 2019, when Baker, knowingly and intentionally distributed fentanyl and said fentanyl resulted in the serious bodily injury of a victim. The victim smoked the fentanyl provided by Baker and sustained an overdose, which was reversed by the administration of Narcan. Fentanyl is a Schedule II controlled substance.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Agency. Special Assistant U.S. Attorney Mark Hodges prosecuted the case.
Baker was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Bismarck, North Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 22, 2021, by U.S. District Judge Karen E. Schreier.
Dorian Lester, age 24, was sentenced to 18 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.
An Information was filed on January 20, 2021. Lester pled guilty on January 22, 2021.
The conviction stems from Lester failing to register as a sex offender as required by federal law between August 7, 2020, and November 3, 2020. Lester, who had previously been convicted of a sex offense in federal court, was classified as a Tier III sex offender 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.
Lester was immediately turned over to the custody of the U.S. Marshals Service.
Lake Andes Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.
Cameron Allen Zephier, age 24, was indicted on March 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 10, 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 between May 6, 2020, and September 30, 2020, Zephier 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 Zephier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Division of Criminal Investigation, and the Charles Mix County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Zephier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Woman Charged with Assaulting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jennifer Surrounded, age 35, was indicted on March 9, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 12, 2021, in Fort Thompson, Surrounded assaulted an officer with a knife while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Surrounded is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Surrounded was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Charged with AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gavin Drapeau, age 29, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 11, 2021, in Fort Thompson, Drapeau unlawfully assaulted an individual with shot feet, and said assault resulted in serious bodily injury to the victim.
The charges are merely accusations and Drapeau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Drapeau was released on bond pending trial. A trial date has not been set.