District of South Dakota

United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Nathen Doherty, a/k/a Nathan Doherty, age 22, was sentenced to time served, equaling 38 days, 18 months of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.

Doherty was indicted by a federal grand jury on December 10, 2019.  He pled guilty on September 1, 2020.

The conviction stemmed from an incident that occurred on May 11, 2018, at a house in Pierre, wherein Doherty, knowing he was an unlawful user of a controlled substance, knowingly possessed a Remington Arms Company Incorporated, model 870 Express Super Magnum, 12 gauge, pump-action shotgun, which had been shipped and transported in interstate commerce.  The shotgun was found in Doherty’s bedroom along with marijuana, marijuana wax, multiple baggies and a digital scale.  Doherty also tested positive for marijuana.

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.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Dustin Warnke, age 35, was sentenced to 174 months in federal prison, followed by five years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.

Warnke was indicted by a federal grand jury on November 13, 2019.  He pled guilty on August 24, 2020.  

The conviction stemmed from a conspiracy beginning in at least March 2018, and continuing to November 2019, wherein Warnke was involved with several other individuals, including Andrew Bunch, Nicole Hopkins, Adam Tanner and Nathan Thoe (deceased), to distribute methamphetamine in central South Dakota. During the course of the conspiracy, these individuals made numerous trips to Minnesota and Colorado to obtain methamphetamine.   Firearms were routinely carried by Warnke, Bunch, and Thoe to protect their product.  Bunch was previously sentenced to 27 years in federal prison, Tanner was sentenced to 12 years in federal prison, and Hopkins was sentenced to 10 years in federal prison.

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, Pierre Police Department, Stanley County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Debonair Donavan Wright, age 19, was sentenced to time served through November 20, 2020, three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and restitution in the amount of $620.

Wright was indicted by a federal grand jury on November 13, 2019.  He pled guilty on August 31, 2020.

The conviction stemmed from an incident that occurred on June 10, 2019, in Todd County, South Dakota, Wright broke into and burglarized Mike’s Pawn Shop and stole multiple items of property valued over $1,000.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

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

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman convicted of Conspiracy to Tamper with a Witness was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Dale Lynn James, age 33, was sentenced to a 10 month split sentence – five months in federal prison and five months of home confinement, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

James was indicted by a federal grand jury on August 16, 2020.  She pled guilty on September 27, 2020.

The conviction stemmed from an incident that occurred between March 3, 2019, and March 14, 2019, where James knowingly and intentionally conspired with Clinton Haukaas, a/k/a Fuddy Haukaas, to publish a list of twenty-eight persons that Haukaas believed would be called to testify against him at his upcoming federal jury trial related to meth trafficking. James coordinated the scheme with Haukaas through text messages while Haukaas was incarcerated at the Hughes County Jail.  Haukaas sent James a list of the names through the mail and instructed her to put it on Facebook.  James took pictures of the list and sent the images to several different people on Facebook with intent to influence, delay, and prevent the testimony of the named individuals at Haukaas’ trial.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

James will report to the custody of the U.S. Marshals Service on January 4, 2021.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Kate Doreen Condon, age 44, was sentenced to 23 months in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of $170.

Condon was indicted by a federal grand jury on January 14, 2020.  She pled guilty on August 24, 2020.

The conviction stemmed from an incident that occurred on July 1, 2019, wherein Condon knowingly and intentionally possessed with intent to distribute approximately 39 grams of methamphetamine in Eagle Butte.

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

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

United States Attorney Ron Parsons announced that a Todd County, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on November 12, 2020, by U.S. Magistrate Judge Mark A. Moreno.

Tyler Reagle, age 37, was sentenced to two years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Reagle was indicted by a federal grand jury on January 22, 2020.  He pled guilty on November 12, 2020.

The conviction stemmed from an incident that occurred on January 28, 2020, in Todd County, wherein Reagle assaulted his domestic partner.

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

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Diana Swift, age 31, was indicted on November 10, 2020.  She appeared before U.S. Magistrate Judge Mark A. Moreno on November 13, 2020, 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 September 14, 2020, in Todd County, South Dakota, Swift killed a woman by operating a motor vehicle in a grossly negligent manner.

The charge is merely an accusation and Swift 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.   

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.

Timothy Kills In Water, age 33, was indicted on March 9, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 12, 2020, and pled not guilty to the Indictment.

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

The Indictment alleges that beginning at a time unknown, but no later than October 1, 2017, and continuing through January 1, 2018, Kills In Water knowingly and intentionally conspired with other people to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in and around the Rosebud Sioux Indian Reservation.

The charge is merely an accusation and Kills In Water is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Ron Parsons announced that Jess Brian Ducheneaux, age 57, of Ridgeview, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, Distribution to a Person Under Age Twenty-One, Possession with Intent to Distribute a Controlled Substance, and Prohibited Person in Possession of a Firearm as a result of a two-day federal jury trial in Pierre, South Dakota. 

The convictions carry a maximum sentence of 20 years in federal prison, and/or a $1,000,000 fine, a lifetime of supervised release, a $500 special assessment to the Federal Crime Victims Fund, and forfeiture of two firearms.  Restitution may also be ordered.    

Ducheneaux was indicted by a federal grand jury on December 11, 2018, a superseding indictment was filed on January 23, 2019, and a second superseding indictment was filed on January 14, 2020. 

The jury found that between January 1, 2014, and December 17, 2018, Ducheneaux knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine on the Cheyenne River Sioux Indian Reservation.  Ducheneaux received his methamphetamine from local dealers and from an individual who traveled to Colorado to acquire the drug.  Further, the jury found that Ducheneaux knowingly used his residence for the purposes of distributing and using methamphetamine.  Ducheneaux repeatedly distributed methamphetamine to a person under twenty-one years of age and to several individuals who worked on his ranch. 

The jury also found Ducheneaux guilty of possessing approximately six grams of methamphetamine with the intent to distribute it, and two firearms while being a felon and a drug user.  On December 17, 2018, law enforcement officers went to Ducheneaux’s residence to arrest him on a federal warrant.  After making contact with Ducheneaux, the officers observed drug paraphernalia and a firearm in plain view in the living room.  The officers obtained a search warrant and seized the six grams of methamphetamine, a scale, pipes, and numerous plastic baggies.  They also recovered a rifle and a loaded shotgun from the residence.  Ducheneaux was convicted of a felony offense in 2005 and was prohibited from possessing firearms.  

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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.

This case was investigated 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.

A sentencing date has not been set.  Ducheneaux was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.   

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 12, 2020, by U.S. Magistrate Judge Mark A. Moreno.

Patrick Red Bird, age 36, was sentenced to 11 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Red Bird was indicted by a federal grand jury on February 11, 2020.  He pled guilty on October 22, 2020.

The conviction stemmed from an incident that occurred on December 27, 2019, in Mission.  On that date, Red Bird was arrested for disorderly conduct.  After being placed in handcuffs, Red Bird lunged at the arresting officer and grabbed him.

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

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

United States Attorney Ron Parsons announced that a Box Elder, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 12, 2020, by U.S. District Judge Lawrence L. Piersol.

Katera Ellen Greaves, a/k/a Tara, age 32, was sentenced to 46 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.

Greaves was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) by a federal grand jury on March 3, 2020.  She pled guilty on August 18, 2020.

The conviction stemmed from incidents beginning on an unknown date and continuing until approximately February 2020.

On August 8, 2019, a vehicle Greaves was driving in, for the purposes of transporting methamphetamine, was stopped and searched by law enforcement.  Inside the vehicle, law enforcement located over 50 grams of actual methamphetamine.    

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.

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 9, 2020, by U.S. District Judge Karen E. Schreier.

Gabriel Orlando Ramirez, a/k/a “Cheech,” age 43, was sentenced to 240 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.

Ramirez was indicted by a federal grand jury on May 8, 2019.  A federal jury found him guilty on July 23, 2020.

The conviction was the result of coordinated efforts of the Sioux Falls Area Drug Task Force.  “Cheech” Ramirez had been suspected of selling large quantities of methamphetamine in Sioux Falls as early as 2017.  Through surveillance of Ramirez’s residence, law enforcement officers gathered information of suspected drug purchasers.  In all, Gabriel “Cheech” Ramirez sold over 40 pounds of methamphetamine in Sioux Falls before he was arrested in May 2019.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Drug Enforcement Administration, and the South Dakota Highway Patrol.  Assistant U.S. Attorneys Jennifer D. Mammenga and Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Ron Parsons announced that a Spring Creek, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Antonio Marshall, age 22, was sentenced to 15 months in federal prison on each count to run concurrently, three years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $200, and forfeiture of three firearms and ammunition.

Marshall was indicted by a federal grand jury on March 9, 2020.  He pled guilty on August 17, 2020.

The conviction stemmed from a conspiracy that began in January 2017, continuing until March 2018, wherein Marshall conspired with others to knowingly and intentionally distribute and possess with intent to distribute cocaine on the Rosebud Indian reservation. Further, on January 16, 2018, law enforcement seized over 50 grams of cocaine and three firearms from a residence. At the time, Marshall was an unlawful user of a controlled substance and prohibited from possessing the firearms.

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Using and Carrying a Firearm During and in Relation to a Crime of Violence.

Joshua Walking Eagle, age 31, was indicted on September 9, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.

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

The Indictment alleges that on May 29, 2020, in Rosebud, South Dakota, Walking Eagle killed a man by shooting him with a shotgun.

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

Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for January 5, 2021.

United States Attorney Ron Parsons announced that a Lawton, Oklahoma, woman convicted of Possession of a Controlled Substance was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Jessi Barrera, age 34, was sentenced to time served equaling 150 days in tribal custody and 17 days in federal custody, one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Barrera was indicted by a federal grand jury on March 9, 2020.  She pled guilty on November 5, 2020.

The conviction stemmed from an incident that occurred on May 7, 2019, wherein Barrera was involved in a traffic stop in a rural area on the Rosebud Indian Reservation. Officers searched the vehicle and recovered a scale, pipes, baggies, butane fluid and butane torch, rolling papers, a marijuana grinder, syringes and a small amount of methamphetamine.

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

United States Attorney Ron Parsons announced that a Lincoln, Nebraska, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Failure to Register as a Sex Offender, and Commission of a Crime of Violence While Failing to Register as a Sex Offender.

Dwaine Walter Little Elk, age 35, was indicted on August 11, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of five up to thirty 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 June 20, 2020, in Todd County, South Dakota, Little Elk assaulted an individual with a bat with the intent to do bodily harm.  The Indictment further alleges, the following day, on June 21, 2020, Little Elk assaulted another individual with a sharp-edged instrument with the intent to do bodily harm, and that the assault resulted in serious bodily injury. 

Little Elk was convicted of Attempted 1st Degree Assault of a Child in April 2008. As a result of this conviction, Little Elk is classified as a Tier III Sex Offender and is required to register as a sex offender for the remainder of his natural life.  As a result, the Indictment alleges that between June 17, 2020, and August 11, 2020, Little Elk failed to properly register as a sex offender and update his registration, and that he committed the assaults while failing to register as a sex offender.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

John Willard Arcoren, III, age 40, was sentenced to eight months in federal prison, followed by eight months of home confinement, two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Arcoren was indicted by a federal grand jury on July 16, 2020.  He pled guilty on August 31, 2020.

The conviction stemmed from an incident that occurred on May 14, 2020, when Arcoren did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assaulting Federal Officers and Felon in Possession of a Firearm, was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Justin Twite, age 23, was sentenced to 68 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 $200.

Twite was indicted by a federal grand jury on April 9, 2019.  She pled guilty on August 18, 2020.

On December 21, 2018, Twite engaged Cheyenne River Sioux Tribe Police Officers in a high speed chase that ended when her vehicle broke down in an open field. Law enforcement surrounded Twite’s vehicle. Twite assaulted the officers by discharging a pistol round from the vehicle, in the direction of law enforcement.  Twite discharged the firearm a second time straight into the air. Realizing the firearm malfunctioned after the second shot, officers rushed to subdue Twite and place her under arrest. Twite was also prohibited from possessing a firearm after being convicted of a felony level offense in January 2018.

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.            

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Michael Elmore prosecuted the case.

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Anthony Story, age 42, was indicted on August 11, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 9, 2020, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about August 14, 2019, Story did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectible amount of methamphetamine in Eagle Butte.

The charge is merely an accusation and Story 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.   

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

United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on November 2, 2020, by Jeffrey L. Viken, U.S. District Court Judge.

Robert Bungert, age 57, was sentenced to five years in federal prison, followed by  five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Bungert also will be required to register as a sex offender under the Sex Offender Registration and Notification Act.

The conviction stemmed from an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting internet predators.  Bungert was arrested and federally indicted following multiple text messages with a person Bungert believed to be a 14-year-old prostitute, but who was in fact an undercover agent.  Bungert knowingly attempted to receive an image of child pornography from the 14-year-old undercover persona and proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts.  When Bungert went to the pre-determined location to meet the minor’s pimp, he was instead met by law enforcement agents and placed under arrest.

The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Sturgis Police Department, and the Meade County Sheriff’s Office.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Ron Parsons announced that a Wheaton, Minnesota, man has been indicted by a federal grand jury for Unlawful Taking of Golden Eagle.

Richard Michael Grohs, age 68, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge William D. Gerdes on November 2, 2020, and pled not guilty to the Indictment.

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

The Indictment alleges that between April and May of 2018, Grohs, without being permitted to do so, did knowingly and with wanton disregard for the consequences of his actions, take a golden eagle in Roberts County, South Dakota.

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

The investigation is being conducted by the U.S. Fish and Wildlife Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man and woman who both pleaded guilty to Conspiracy to Distribute a Controlled Substance, have been sentenced by Jeffrey L. Viken, U.S. District Court Judge

Robert Bartels, age 24, was sentenced on August 14, 2020, to 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Raina Strickland, age 24, was sentenced on October 30, 2020, to 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

From approximately May 2019 to December 2019, Bartels and Strickland distributed methamphetamine out of hotels in Sturgis and Spearfish.

This case investigation was a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Unified Narcotics Enforcement Team (UNET), the Rapid City Police Department, and the Pennington County Sheriff’s office.

Assistant U.S. Attorney Gina S. Nelson prosecuted the case. 

Bartels and Strickland were immediately returned to the custody of U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Wall, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on October 30, 2020, by Jeffrey L. Viken, U.S. District Court Judge.

Justin Westby, age 46, was sentenced to five years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The conviction stemmed from an undercover sex trafficking operation conducted during the 2019 Sturgis Motorcycle Rally, targeting internet predators.  Westby was arrested and federally indicted following multiple text messages he exchanged with a person Westby believed to be a 15-year-old girl, but who was in fact an undercover agent.  Westby requested sexually explicit images from the 15-year-old undercover persona and proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts.  When Westby went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

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

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

United States Attorney Ron Parsons announced that an Alliance, Nebraska, man who pleaded guilty to Conspiracy to Distribute a Controlled Substance was sentenced on October 30, 2020, by U.S. District Judge Jeffrey L. Viken.  

Brian Hinman, age 38, was sentenced to 5 years in federal prison, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

From approximately November 2018 to December 2018, Hinman obtained methamphetamine, which he then distributed in South Dakota.  A traffic stop of Hinman by Nebraska State Patrol, in December 2018, recovered 42 grams of methamphetamine.

This case was investigated by the Bureau of Indian Affairs, Division of Drug Enforcement, SD Division of Criminal Investigation, Badlands Safe Trails Drug Task Force, and the Nebraska State Highway Patrol.  

Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

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

Federal, State, Local, and Tribal Law Enforcement Officials discussing violent crime during “Operation Fall Clean Up” in Rapid City, SD, on September 21, 2019.

SIOUX FALLS, S.D. – U.S. Attorney Ron Parsons announced that federal prosecutors in the District of South Dakota, working cooperatively with law enforcement agencies across the State, charged 139 defendants with firearms-related charges during Fiscal Year (FY) 2020, despite the challenges imposed on the criminal justice system and law enforcement officers everywhere by COVID-19.  This was a 60 percent increase over FY 2019.  Nationally, the Department of Justice charged more than 14,200 defendants with firearms-related crimes during FY 2020.

“Working with our state, local, tribal, and federal partners across South Dakota to enforce federal gun laws is a critical part of our united strategy to combat violent crime,” said U.S. Attorney Parsons.  “Keeping illegal firearms out of the hands of violent criminals is one of the highest priorities of the Department of Justice and we will use all appropriate, available means to keep every person in every community safe from gun crime.”

“Reducing violent gun crime is a main pillar of ATF’s mission to ensure our communities are safe,” said ATF Special Agent in Charge Terry Henderson, of the St. Paul Field Division.  “This significant increase in prosecutions is a testament to the hard work of the United States Attorney’s Office and all levels of law enforcement throughout South Dakota.  ATF is proud to work alongside each and every one of our partners in the pursuit of justice.”

Under federal law, it is illegal to possess a firearm or ammunition if you fall into one of nine prohibited categories including being a felon, an illegal alien, or an unlawful user of a controlled substance.  In addition, it is illegal to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase – firearms or ammunition if the buyer is a prohibited person or is illegally purchasing a firearm on behalf of someone else, an illegal transaction known as a straw purchase.  Lying in response to one of the questions asked on ATF Form 4473, a document that one is required to complete in order to legally purchase a firearm, is also a federal offense.  Most of these federal offenses are punishable by up to ten years in federal prison.

Recent firearms-related prosecutions in the District of South Dakota include the following cases:

Southern Division:

• United States v. Mogoliolo.  On October 20, 2020, Joseph Mogoliolo, age 50, of Sioux Falls, was sentenced by U.S. District Judge Lawrence L. Piersol to one year and one day in federal prison, followed by three years of supervised release, after his conviction for being a Felon in Possession of a Firearm.  Mogoliolo was indicted by a federal grand jury on March 3, 2020.  He pleaded guilty on July 30, 2020.  The conviction stemmed from an incident on October 24, 2019, when police were dispatched to suspicious activity near a vehicle in downtown Sioux Falls.  Police saw Mogoliolo near the vehicle and a drug pipe in plain view inside the vehicle. Police searched the vehicle and found methamphetamine, other drug paraphernalia, and a loaded 9mm semi-automatic handgun.  Mogoliolo, who had previously been convicted of a felony crime, was prohibited under federal law from possessing any firearms.  This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.  Mogoliolo was immediately turned over to the custody of the U.S. Marshals Service.
   
• United States v. Hackett.  On October 6, 2020, Johnathan David Hackett, age 39, of Sioux Falls was indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm.   The indictment alleges that on or about May 23, 2020, Hackett, a convicted felon, possessed, sold, and disposed of a stolen firearm, knowing that it had been stolen.  Hackett appeared before U.S. Magistrate Judge Veronica L. Duffy on October 14, 2020, and pleaded not guilty to the indictment.  He was remanded to state custody pending trial.  The charges are merely accusations and Hackett is presumed innocent until and unless proven guilty.  The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department.  Assistant U.S. Attorney Connie Larson is prosecuting the case.
   
• United States v. Shropshire.  On October 6, 2020, Allen Vincent Shropshire, age 59, of Sioux Falls, SD was indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.  The indictment alleges that on or about September 20, 2020, Shropshire, a convicted felon, possessed a firearm. Shropshire appeared before Judge Duffy on October 14, 2020, and pleaded not guilty to the indictment.  He was remanded to the custody of the U.S. Marshals Service pending trial.  The charge is merely an accusation and Hackett is presumed innocent until and unless proven guilty.  The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department.  Assistant U.S. Attorney Connie Larson is prosecuting the case.
   
• United States v. Patton.  On October 6, 2020, Gregory Dawon Patton a/k/a Gregory Duwan Patton, age 18, of Country Club Hills, Illinois, was indicted by a federal grand jury for Theft from a Federally Licensed Firearms Dealer.  The indictment alleges that on or about June 1, 2020, Patton stole and unlawfully took and carried away fifteen firearms, including shotguns and pistols, from Palace City Pawn, a federally licensed firearms dealer located in Mitchell, SD.  Patton made his initial appearance before U.S. Magistrate Judge Andrew P. Rodovich of the Northern District of Indiana on October 26, 2020.  He was remanded to the custody of the U.S. Marshals Service with an order for transport to the District of South Dakota.  His arraignment in U.S. District Court in Sioux Falls has not yet been scheduled.  The charges are merely accusations and Patton is presumed innocent until and unless proven guilty.  The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Mitchell Police Department, Sioux Falls Police Department, and LaPorte County (Indiana) Sheriff’s Office.  Assistant U.S. Attorney Connie Larson is prosecuting the case.

 
Northern Division:

• United States v. Doll.  On October 26, 2020, Scott Alex Doll, age 49, of Dickinson, North Dakota, was sentenced by U.S. District Judge Charles B. Kornmann to 16 months in federal prison, followed by three years of supervised release, after being convicted for Possession of a Firearm by a Prohibited Person.  Doll was indicted by a federal grand jury on February 11, 2020.  He pleaded guilty on July 27, 2020.  The conviction stemmed from an incident that occurred in Mobridge, South Dakota, on April 25, 2019, wherein Doll and another male exited their vehicle and walked up to a Mobridge police officer who was sitting in his patrol car. The officer observed Doll to have an empty pistol holder on his hip. Doll told the officers the firearm was in the driver's side door of the vehicle. The officer observed Doll had many keychains on his belt, including a red and white floating bobber key chain. The officer asked Doll if he could see the bobber, and inside was a baggie of methamphetamine. Doll admitted to being a methamphetamine user, and using drugs three hours prior to the stop, and is a drug user and is thus prohibited from using firearms.  This case was investigated by the Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.  Following sentencing, Doll was immediately turned over to the custody of the U.S. Marshals Service.
   
• United States v. Claymore.  On October 19, 2020, Brady James Claymore, age 33, of McLaughlin, SD was sentenced by Judge Kornmann to 50 months in federal prison, and three years of supervised release, following his convictions for Possession of a Firearm by a Prohibited Person and Conspiracy to Distribute a Controlled Substance.  Claymore was indicted by a federal grand jury on January 14, 2020.  He pleaded guilty on September 15, 2020.  The conviction stemmed from a conspiracy beginning in 2010 and continuing through 2019, wherein Claymore conspired with others to distribute between 40 and 60 kilograms of marijuana in McLaughlin, South Dakota.  On September 24, 2019, in McLaughlin, Claymore’s vehicle was stopped by law enforcement and a search of his vehicle uncovered approximately 830 grams of marijuana, two digital scales, and a short-barreled shotgun.  Claymore knowingly possessed the shotgun, and at the time he possessed it, he was knowingly a user of and addicted to marijuana.  This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mobridge Police Department, and the Bureau of Indian Affairs.  Assistant U.S. Cameron J. Cook prosecuted the case.  Following sentencing, Claymore was immediately remanded to the custody of the U.S. Marshals Service.
   
• United States v. Two Hearts.  On October 8, 2020, Darrell Two Hearts, age 41, of Aberdeen, SD was found guilty of being a felon in possession of a firearm as a result of a federal jury trial in Aberdeen.  On April 25, 2020, Two Hearts was arrested in Aberdeen.  Officers had been searching for Two Hearts to arrest him on outstanding warrants.  When they found him, Two Hearts had a loaded handgun in his backpack, along with syringes, a pot pipe, and a marijuana grinder.  He also had a small amount of methamphetamine in his pants pocket.  He had previously been convicted of felony crimes that prohibited him from possessing any firearms.  At trial, a jury unanimously found that he illegally possessed a 9mm handgun.  A presentence investigation was ordered and a sentencing date has been set for December 14, 2020.  Two Hearts was remanded to the custody of the U.S. Marshals Service. This case was investigated by the Aberdeen Police Department, the Brown County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

 

Central Division:

• United States v. Larvie.  On September 30, 2020, David D. Larvie, Jr., age 38, of Mission, SD was found guilty of being a felon in possession of a firearm and ammunition as the result of a federal jury trial in Pierre.  On November 13, 2019, on the Rosebud Indian Reservation, Tribal police got a call that a shot had been fired from a van driven by David Larvie in South Antelope Community, near Mission.  Officers located and stopped the vehicle, which was driven by Larvie.  Larvie denied having a firearm, indicating he could not possess firearms as he is on federal felony supervised release.  He was searched and a stash of forty-three .22 caliber bullets was found in his back pocket, and a loaded .22 caliber firearm was found on the rear floorboard, though within arm’s reach of the driver’s seat.  Larvie’s prior felony convictions include third degree burglary and failure to appear in 2003 and using a firearm during and in relation to a crime of violence in 2008.  Larvie will be sentenced on December 14, 2020.  The case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.
   
• United States v. Hill.  On October 5, 2020, Shilo Hill, age 25, of Eagle Butte, SD, was sentenced to 84 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm in Ziebach County on the Cheyenne River Sioux Indian Reservation.  On April 18, 2019, Tribal police got a call that a gun was fired near a residence west of Dupree, South Dakota.  Officers responded and stopped a vehicle in which Hill was a passenger. Officers seized a Colt brand .357 Magnum caliber revolver, which Hill knowingly possessed.  The revolver was loaded with ammunition and was stored next to the defendant in the passenger side door.  The firearm was actually stolen.  He also possessed some drug paraphernalia and a small amount of methamphetamine in the vehicle when stopped.  Hill has prior felony convictions for assault with a dangerous weapon in 2016 and possession of a stolen firearm in 2014.  The case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
   
• United States v. Neck.  On October 14, 2020, Jean Xarles Neck, a/k/a John Neck, age 20, of Parmalee, SD, was indicted by a federal grand jury for Assault With a Dangerous Weapon, Child Abuse, and Discharge of a Firearm During a Crime of Violence.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pleaded not guilty to the Indictment.  The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine and five years of supervised release.  Restitution may also be ordered. The Indictment alleges that on June 6, 2020, Neck assaulted several individuals, including a child, by discharging a firearm multiple times at a home where the individuals were occupants, with the intent to do bodily harm.  The charges are merely accusations and Neck is presumed innocent until and unless proven guilty.  The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Michael Elmore is prosecuting the case.  Neck was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for December 29, 2020.

Western Division:

• United States v. Bocanegra.  On October 19, 2020, Lawrence Bocanegra, age 40, of Rapid City, was sentenced by U.S. District Judge Jeffrey L. Viken to 40 months in federal prison, to be followed by three years of supervised release, following his conviction for Possession of a Firearm by a Prohibited Person.  The charge relates to Bocanegra, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in September 2019 during a traffic stop at Rapid City.  The investigation was conducted by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Ben Patterson prosecuted the case. Bocanegra was immediately remanded to the custody of the U.S. Marshals Service.
   
• United States v. Larive and Englert.  Between March 16, 2020, and March 21, 2020, Shannon Larive, age 26, of Rapid City, and Karmen Englert, age 36, of Rapid City, were involved in the armed robberies of multiple casinos in Rapid City.  During each robbery, Larive brandished a firearm to obtain money from an employee of the casino.  Englert assisted as the getaway driver.  During one robbery, Larive discharged a .22 caliber pistol.  Larive and Englert were arrested following a pursuit involving law enforcement.  After the vehicle came to a stop, Larive fled and discarded the .22 caliber pistol used during one of the robberies, which was later recovered by law enforcement.  Officers searched the vehicle and numerous .22 caliber rounds of ammunition were recovered.  Larive and Englert were indicted by a federal grand jury on July 23, 2020.  Larive recently signed a plea agreement to enter a plea of guilty to interference with commerce by robbery and brandishing a firearm during the commission of a crime of violence.  Englert recently signed a plea agreement to enter a plea of guilty to interference with commerce by robbery.  The change of plea hearing for both defendants is scheduled for November 14, 2020, in United States District Court.  This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

 

• United States v. Standing Bear. On April 24, 2020, Dana Standing Bear, age 42, of Rapid City, was sentenced to 10 years in prison, to be followed by five years of supervised release for being a felon in possession of a firearm and possession of methamphetamine with an intent to distribute it.  On February 27, 2019, officers with the Rapid City Police Department located a vehicle stuck in the snow.  Standing Bear was the driver and only occupant.  The officers discovered that Standing Bear had an active warrant for his arrest and they could also smell burnt marijuana coming from inside his vehicle.  Officers arrested Standing Bear and a search of his vehicle was conducted.  During the search, officers located two loaded 9mm semi-automatic pistols, more than 100 grams of methamphetamine, jeweler bags, and a digital scale.  Standing Bear has a prior felony drug conviction.  This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

 

• United States v. Byker and Hirschfeld. On June 8, 2020, Devin Byker, age 25, of Piedmont, was sentenced to 17 years in prison for carjacking and using and brandishing a firearm during the commission of a crime of violence, and Craig Hirschfeld, age 25, of Box Elder, was sentenced to seven years in federal prison for using and brandishing a firearm during the commission of a crime of violence.  On June 29, 2019, Byker and Hirschfeld requested another individual give them a ride from one location in Rapid City to another.  After they arrived at the location, Byker and Hirschfeld pinned the individual up against his vehicle, brandished stolen firearms, pointed the firearms at him, held him at gun point, and took his wallet and phone.  After obtaining the personal items, they continued to brandish firearms, forced the individual to remove his clothing, and then stole his vehicle and fled.  Law enforcement later located Byker in another stolen vehicle along with the stolen firearm he used in the carjacking.  The case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case was prosecuted by Assistant U.S. Attorney Ben Patterson

 

• United States v. Conroy.  On January 23, 2020, Corbin Conroy, age 43, of Rapid City, was sentenced to seven years in federal prison for committing an armed robbery at a casino in Rapid City.  On March 17, 2019, Conroy entered the Jokers Casino armed with a semi-automatic pistol.  Conroy brandished and pointed the pistol at a casino employee, demanded the cash from the register, and took approximately $1,750.00.  Conroy then fled the casino.  Conroy is a prior felon who had only recently been released from federal prison for committing an earlier armed robbery of the Jokers Casino. This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

 

All of these cases are 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.

These cases are 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.

For more information on the lawful purchasing of firearms, please see:  https://www.atf.gov/qa-category/atf-form-4473.

United States Attorney Ron Parsons announced that a Stephan, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Robbery, and Brandishing, Carrying, or Possession a Firearm during and in Relation to a Crime of Violence.

Robert Johnson, a/k/a Pitbull, age 42, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is any term of years, up to life, in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on June 20, 2020, in Lower Brule, Johnson assaulted an individual with a shotgun, which resulted in serious bodily injury. The Indictment further alleges he took a duffle bag, and its contents, from the victim.  

The charges are merely accusations and Johnson 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 the 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 the local community 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 Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Failure to Register as a Sex Offender.

Jose Padilla, age 52, was indicted on September 9, 2020.  Padilla appeared before U.S. Magistrate Judge Daneta Wollmann on October 27, 2020, and pleaded 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 of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Padilla was convicted of Lewd or Lascivious Acts with a Child in January 2000.  As a result of the conviction, he is required to register as a sex offender for life.  The Indictment alleges between November 23, 2014, and continuing through the date of Indictment, Padilla failed to properly register as a sex offender and update his registration.  The charge is merely an accusation and Padilla is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Ron Parsons announced that Anthony Bertino, age 59, of Atlantic City, New Jersey, was found guilty of Bribery Concerning Programs Receiving Federal Funds as a result of a federal jury trial in Aberdeen, South Dakota. 

The charge carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Bertino was indicted by a federal grand jury on April 2, 2019. 

The Sisseton-Wahpeton Oyate Tribe (SWO) operates the Dakota Nation Gaming Enterprise (DNGE), which oversees the tribally-run gaming establishments.  Bertino was employed as the Corporate Marketing Officer for the DNGE.  Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE. 

In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana.  On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000.  After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.

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.

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.

A presentence investigation was ordered and a sentencing date was set for May 10, 2021.  The defendant was allowed to remain released on bond pending sentencing.

United States Attorney Ron Parsons announced that a Flandreau, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Stephon Ross, age 28, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 years in a federal prison, and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Ross knowingly engaging in a sexual act with a minor female, who had not attained the age of 16 and was at least four years younger than Ross.

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

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

Ross was released on bond pending trial.  A trial date has been set for January 5, 2021.

WASHINGTON – Minnesota-based medical device maker Medtronic USA Inc. has agreed to pay $8.1 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce a South Dakota neurosurgeon to use certain Medtronic products, the Department of Justice announced today.

Medtronic also agreed to pay an additional $1.11 million to resolve allegations that it violated the Open Payments Program by failing to accurately report payments it made to the neurosurgeon to the Centers for Medicare & Medicaid Services (CMS).

“Kickbacks undermine the integrity of federal healthcare programs and increase costs borne by taxpayers,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “This case demonstrates the Department of Justice’s commitment to ensure that medical device manufacturers do not use improper financial relationships to influence physician decision-making.”  

“We expect doctors to make medical decisions based on what is best for their patients, not what is best for their bank accounts,” said U.S. Attorney Ron Parsons for the District of South Dakota.  “The quality of medical care is eroded – and patients and their families suffer – when companies and physicians enter into these sorts of under the table schemes to create illegal financial incentives to increase the use of medical devices.”

“Allegations of kickbacks are taken very seriously. Such actions threaten the integrity of federal healthcare systems,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG).  “We will continue working with our law enforcement partners to protect patients and taxpayers.”

“CMS’ Open Payments Program is intended to promote transparency and accountability in the healthcare system.  Manufacturers that misreport their financial relationships with healthcare providers erode the integrity of the Open Payments Program and will be held accountable,” said Brenna E. Jenny, HHS Deputy General Counsel and CMS Chief Legal Officer.  “CMS looks forward to continued partnership with the Department of Justice to resolve allegations of manufacturers skirting their Open Payments obligations.”

The Anti-Kickback Statute prohibits directly or indirectly offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs. 

The settlement announced today resolves allegations that Medtronic agreed to the requests of South Dakota neurosurgeon, Wilson Asfora, M.D., to pay for social events at Carnaval Brazilian Grill, a restaurant Medtronic knew Asfora owned, including scores of expensive meals.  Medtronic allegedly made the payments to benefit Asfora and induce him to use Medtronic’s SynchroMed II intrathecal infusion pumps, which are implantable devices used to deliver medication to patients.  The United States alleged that Medtronic’s sponsored events at Asfora’s restaurant were social gatherings for which Asfora selected and invited his social acquaintances, business partners, favored colleagues, and potential and existing referral sources, while Medtronic paid for their meals and drinks.  Over a nine-year period, Medtronic allegedly paid for more than one hundred events at Asfora’s restaurant.  

This settlement also resolves Medtronic’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device manufacturers like Medtronic to disclose to CMS certain payments or other transfers of value to a physician like Asfora.  The United States alleged that Medtronic made payments to Asfora’s restaurant at his request, knowing that Asfora owned the restaurant, but underreported those payments to CMS.

Asfora and two of his other companies are defendants in a separate FCA lawsuit in which the United States filed a complaint in November 2019, alleging that Asfora received kickbacks to use certain implants in his spinal surgeries.  That pending case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.). 

The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).

The settlement was the result of an investigation by the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Dakota, and HHS-OIG.  As part of the settlement, Medtronic agreed to cooperate with the Department’s investigations of and litigation against other parties, and the device maker took remedial action once it learned of the wrongdoing, including terminating a sales representative and sales manager and disciplining twelve other employees involved in the alleged misconduct. 

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 23, 2020, by Judge Jeffrey L. Viken, U.S. District Court.

Albert Charles Kills Right, Jr., age 46, was sentenced to 33 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.

The conviction stemmed from Kills Right, who is a person required to register under the Sex Offender Registration and Notification Act, knowingly failing to register and update his registration between May 30, 2018, and November 11, 2019.

The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Ron Parsons announced today that a former contracting company owner was sentenced for his role in a bribery scheme. John Thomas German, Jr., age 37 of Peever, South Dakota, was sentenced to 84 months of imprisonment for a loss exceeding $465,000.  He was ordered to pay $100 to the Federal Crime Victims Fund.  Following his release from custody, German will serve 3 years of supervised release.   U.S. District Judge Charles B. Kornmann presided over the sentencing hearing.

According to court documents, the Dakota Nations Development Corporation (“DNDC”) was an agency of the Sisseton-Wahpeton Oyate Sioux Tribe, a tribal government that received federal assistance in excess of $10,000 during the one-year period between October 1, 2017, and September 30, 2018.  At that time, Daniel Thomas White served as the Director of the DNDC.  White’s duties included, among other things, overseeing housing and construction projects of the DNDC.

DNDC established an entity called the SWO Elderly Village Limited Partnership.  The purpose of the entity was to obtain tax credit financing to build an elderly village complex on tribal land.  On April 22, 2016, SWO’s tribal council passed a resolution authorizing DNDC to pursue low-income housing tax credits for the elderly village complex.  The tribe also committed nearly $3,000,000 to the project.

German, along with two other partners, formed a business on December 15, 2016, called Tatanka Contracting.  On October 27, 2017, DNDC contracted with Tatanka Contracting to do the earthwork associated with the elderly village project.  The contract was for a guaranteed price of $1,070,740, although a change order increased the total of the contract to $1,129,679.

To secure the dirt work contract, German bribed White and White accepted the bribe.  Specifically, in November 2017, German corruptly gave, offered, and agreed to give money to Daniel Thomas White, intending to influence and reward White, whom was an agent of the Dakota Nations Development Corporation, in connection with a transaction and series of transactions of the Dakota Nations Development Corporation involving $5,000 or more.

White pleaded guilty to his role in the bribery scheme on August 24, 2020.  He will be sentenced by Judge Kornmann on May 24, 2021. 

Kevin Trio, age 58, a partner of Tatanka Contracting, was recently charged for Making Material False Statements to federal agents who were investigating the business dealings surrounding the Elderly Project.  Trio was also charged with Misprision of a Felony.  He made his appearance on October 21, 2020, before U.S. Magistrate Judge William D. Gerdes and entered a plea of not guilty.  The charges are merely accusations, and Trio is presumed innocent until and unless proven guilty.  He was released pending trial.

German was ordered to self-report to the U.S. Marshal’s Service or Bureau of Prisons to begin serving his term of imprisonment at a date to be determined. 

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 26, 2020, by U.S. District Judge Karen E. Schreier.

Rex Leon Burtis, age 57, was sentenced to 144 months in federal custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Burtis was indicted by a federal grand jury on May 8, 2019.  He was found guilty as a result of a federal trial in Sioux Falls on July 30, 2020.

The conviction stemmed from incidents beginning at an unknown date and continuing until about January 7, 2020, when Burtis and other co-conspirators intentionally conspired and obtained 500 grams or more of methamphetamine through the U.S. Postal Service and resold it to others in the District of South Dakota.  Methamphetamine is a Schedule II controlled substance.

This case was investigated by the Division of Criminal Investigation, the U.S. Postal Service, the Drug Enforcement Administration, the Sioux Falls Drug Task Force, and the Minnehaha County Sheriff’s Office.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

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

Reno Chadwick Roubideaux, age 46, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Roubideaux was convicted of Aggravated Sexual Abuse of a Minor in June 1994. As a result of the conviction, he is required to register as a sex offender.  The Indictment alleges between August 8, 2020, and September 14, 2020, Roubideaux, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Michael Elmore 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.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.

Robert Stands And Looks Back, a/k/a Robert Stands, Jr., age 45, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 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 August 25, 2020, in Todd County, South Dakota, Stands And Looks Back killed a man by operating a motor vehicle in a grossly negligent manner.

The charge is merely an accusation and Stands And Looks Back 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.   

Stands And Looks Back was released on bond pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.

Emanuel Marcus Crow Dog-Luxon, age 22, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 August 24, 2020, in Todd County, South Dakota, Crow Dog-Luxon killed a woman by operating a motor vehicle in a grossly negligent manner.

The charge is merely an accusation and Crow Dog-Luxon 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 Michael Elmore is prosecuting the case.   

Crow Dog-Luxon was released on bond pending trial.  A trial date has not been set.

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

Calvin Spotted Tail, age 30, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Spotted Tail was convicted of Sexual Abuse in December 2005. As a result of the conviction, he is required to register as a sex offender.  The Indictment alleges that between June 18, 2020, and September 25, 2020, Spotted Tail, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

The charge is merely an accusation and Spotted Tail 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.   

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon.

Julia Larae Swift Hawk, age 25, was indicted on October 14, 2020.  She appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 14, 2020, Swift Hawk assaulted two individuals with a sharp edged instrument following a verbal confrontation.

The charge is merely an accusation and Swift Hawk 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 Michael J. Elmore is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.

Amos Talks, age 26, was sentenced to 42 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.

Talks was indicted by a federal grand jury on August 13, 2019.  He pled guilty on July 27, 2020.

The conviction stemmed from an incident on June 21, 2018, in McLaughlin, when law enforcement was called to a residence where Talks was highly-intoxicated.  When law enforcement arrived, Talks refused to comply with law enforcement, resisted arrest, and a physical altercation commenced, resulting in Talks kicking the officer in the thighs and groin, charging and hitting the officer, and biting the officer’s hand, arm, and knuckles. 

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirsten Jasper prosecuted the case.

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

United States Attorney Ron Parsons announced that a Bullhead, South Dakota, man convicted of Manslaughter was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.

William Brown Otter, a/k/a Arby, age 38, was sentenced to 24 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.

Brown Otter was indicted by a federal grand jury on November 13, 2019.  He pled guilty on June 22, 2020.

The conviction stemmed from an incident on October 25, 2019, in McLaughlin, when Brown Otter struck an individual in the face with his fist, causing the victim to land on his head on the concrete sidewalk.  The victim died as a result of the injuries sustained to his head.

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirsten Jasper prosecuted the case.

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of two counts of Wire Fraud and one count of Tax Evasion was sentenced by Jeffrey L. Viken, U.S. District Judge.

Jennifer Durham, age 42, was sentenced on October 19, 2020, to 37 months in federal prison, and was ordered to pay $700,000 in restitution to The Rapid City Rush, $186,277.00 in restitution to the Internal Revenue Service, and a $300 special assessment to the Federal Crime Victims Fund and.

Between February 2010 and June 2019, Durham, while employed as the office manager for Rapid City Professional Hockey, LLC (RCPH), stole $700,000.00 from RCPH. As part of her duties, Durham was responsible for the business accounting records and recording and depositing cash receipts on behalf of RCPH.  As part of her scheme to defraud, Durham caused fraudulent payments to herself in excess of her salary agreement, made unauthorized wire transfers from RCPH’s bank account to pay her personal credit card, made unauthorized wire transfers from RCPH’s bank account to her personal account, and fraudulently diverted cash proceeds for her own personal use.  In order to cover up her theft, Durham made false entries into the RCPH accounting records to give the illusion the money she was stealing was spent on legitimate business expenses.

During the same time period, Durham also willfully attempted to evade or defeat taxes imposed under the Internal Revenue Code.  Durham accomplished this by underreporting her income from tax years 2010 through 2018 by a total of $688,867.67, resulting in a tax loss of $186,277.00. 

“Mrs. Durham used her position as Rush’s finance manager to embezzle hundreds of thousands of dollars for her own personal benefit. She did so for a period of nine years,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “Mrs. Durham’s sentencing is a direct result of how serious the courts take federal crimes.”  

The investigation was conducted by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

Durham was ordered to self-surrender to the U.S. Marshals Service on January 19, 2021, to begin serving her custody sentence.  

United States Attorney Ron Parsons announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.

Ronald Bohn, age 50, was indicted on October 7, 2020.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 15, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on September 15, 2020, Bohn unlawfully and with malice aforethought murdered a human being, by stabbing him.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement, with assistance from the Charles Mix County Sheriff’s Office, Wagner Police Department, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Bohn was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 22, 2020.

United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man convicted of Possession of Child Pornography was sentenced on October 13, 2020, by U.S. District Judge Lawrence L. Piersol.

Paul Hovorka, age 25, was sentenced to 50 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.

Hovorka was indicted by a federal grand jury on February 4, 2020.  He pled guilty on July 30, 2020.

The conviction stemmed from incidents between June 15, 2019, and November 21, 2019, when Hovorka accessed child pornography using a private social media network known as "MeWe."  Using the "MeWe" app, he uploaded images of child pornography and shared images of child pornography with other users of the "MeWe" app.  After receiving a cybertip of the illegal activity, law enforcement officers obtained a search warrant and discovered child pornography on two of Hovorka's cell phones.

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

Hovorka is required to report to the U.S. Marshals Service on October 29, 2020.

United States Attorney Ron Parsons announced that a Murdo, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 19, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Harvi Lynn Sharp Butte, a/k/a Harvi Lynn Little Shield, age 41, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Sharp Butte was indicted by a federal grand jury on March 10, 2020.  She pled guilty on July 20, 2020.

The conviction stemmed from a conspiracy in 2019 wherein Sharp Butte conspired with others to distribute 50 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota.  On March 5, 2019, Sharp Butte and a co-conspirator were arrested after law enforcement uncovered a handgun, over $12,000 in U.S. currency, and a small amount of methamphetamine in their vehicle near Mission, South Dakota.   

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

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

United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on October 19, 2020, by U.S. District Judge Karen E. Schreier.

Matthew John Sweeney, age 36, was sentenced to 5 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Sweeney was indicted by a federal grand jury on December 9, 2019.  He pled guilty on July 30, 2020.

The conviction stemmed from an incident on or about September 7, 2019, when the Mitchell Police Department conducted a traffic stop on Sweeney’s vehicle.  Sweeney was subsequently arrested and his vehicle searched.  Law Enforcement found a handgun with an obliterated number, ammunition, as well as drug and drug-related items.  At the time of his arrest, Sweeney was the subject of a valid protection order which prohibited him from using or attempting to use force against another person. 

ATF examined the firearm and concluded it was manufactured at a facility outside of South Dakota and, thus, transported across state lines.

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 the local community 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.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mitchell Police Department.  Special Assistant U.S. Attorney Tamara Nash prosecuted the case.

United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 19, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Brandi King, age 31, was sentenced to 1 month in federal custody followed by seven months of home confinement, with 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

King was indicted by a federal grand jury on January 14, 2020.  She pled guilty on October 19, 2020.

The conviction stemmed from an incident that occurred in Todd County, South Dakota, on December 7, 2019.  On that date, King was the passenger in a vehicle stopped by law enforcement for driving on the wrong side of the road. The driver was arrested for driving under the influence of alcohol.  King was arrested for public intoxication and an open container violation.  While being placed in the back seat of a patrol vehicle, King spit into the arresting officer’s face.  Shortly after this assault, the officer developed a staph infection on his face where King had spit on him.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

King was to ordered to self-report by 4:00 p.m. on October 19, 2020, to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that two males and one female have been indicted by a federal grand jury for three counts of aggravated assault, maiming, and robbery.

Tiffany Bernard, age 28, and Randall Delbert Pumpkinseed, age 31, were indicted on October 6, 2020.  Each appeared before U.S. Magistrate Judge William D. Gerdes on October 15, 2020, and pled not guilty to the Indictment.

Brendon Javon Jacob Rodlund, age 31, was indicted on the same day.  He is scheduled to appear before U.S. Magistrate Judge William D. Gerdes on December 14, 2020, and is expected to plead not guilty to the Indictment.

The Indictment alleges that during the night between November 16 and 17, 2015, Rodlund, Bernard, and Pumpkinseed, while aiding and abetting each other, assaulted the victim in an effort to rob the victim of property and things of value.  Each defendant was charged with the following:  assault with intent to commit murder; maiming the victim; robbery; assault with a dangerous weapon; assault resulted in serious bodily injury.

A conviction for assault with intent to commit murder and maiming each carry a maximum penalty of 20 years in federal prison; robbery carries a maximum penalty of 15 years; assault with a dangerous weapon and assault resulting in serious bodily injury each carry a maximum penalty of 10 years.  Each count also carries a $250,000 fine, or both fine and imprisonment, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges are merely accusations and Rodlund, Bernard, and Pumpkinseed are presumed innocent until and unless proven guilty. 

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

Rodlund is currently in federal prison and being transported to South Dakota to make his appearance in court on these charges.  Bernard and Pumpkinseed are to be arraigned on October 19 and October 21, 2020, and each are currently detained.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Wakonda, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 13, 2020, by U.S. District Judge Lawrence L. Piersol.

Ricky Bryan Giedd, age 51, was sentenced to 132 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.

Giedd was indicted by a federal grand jury on March 6, 2020. He pled guilty on July 16, 2020.

During his involvement, Giedd and co-conspirators distributed methamphetamine in South Dakota and elsewhere.  They were aware that the methamphetamine supplied would be distributed to drug customers in South Dakota.  Methamphetamine is a Schedule II controlled substance.

This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Yankton County Sheriff’s Office, and the Clay County Sheriff’s Office. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.

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

United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, men have been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.

Johnathan David Hackett, age 39, was indicted on October 6, 2020, and was also charged with Possession of a Stolen Firearm.  He appeared before Veronica L. Duffy on October 14, 2020, and pled not guilty to the Indictment. 

Allen Vincent Shropshire, age 59, was indicted on October 6, 2020.  He also appeared before Veronica L. Duffy on October 14, 2020, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On or about May 23, 2020, in the District of South Dakota, Hackett, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and then knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly and intentionally possessed, sold, and disposed of a stolen firearm, knowing it was stolen, which had been shipped and transported in interstate and foreign commerce.

On or about September 20, 2020, in the District of South Dakota, Shropshire, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and then knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly and intentionally possess a firearm, which had been shipped and transported in interstate and foreign commerce.

The charges are merely accusations and Hackett and Shropshire are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Connie Larson is prosecuting both cases.   

Hackett was returned to state custody, and Shropshire was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set for either matter.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man and a Phoenix, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance were sentenced on May 18, 2020, and August 26, 2020 respectively, by U.S. District Judge Karen E. Schreier.

Marcus Anthony Durrani, age 21, was sentenced to 108 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.

Steven Wayne Knecht, age 47, was sentenced to 57 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.

Durrani and Knecht were indicted by a federal grand jury on July 9, 2019.  Durrani pled guilty on February 24, 2020, and Knecht pled guilty on June 3, 2020.

The conviction stemmed from incidents beginning on an unknown date and continuing until approximately May 5, 2019, when both Durrani and Knecht reached an agreement or came to an understanding to distribute 500 grams or more of methamphetamine in the District of South Dakota.  Methamphetamine is a Scheduled II controlled substance.  They voluntarily joined in the agreement and knew the purpose of the understanding.

Durrani would receive methamphetamine from a co-conspirator in South Dakota and he would then re-distribute it to other co-conspirators for sale to their own customers.  Durrani was aware that that methamphetamine would be resold.

Knecht drove a vehicle that contained approximately 50 pounds to methamphetamine to a co-conspirator in Sioux Falls at the direction of others.  Knecht did not ask, but was aware that he was assisting co-conspirators in the distribution of a controlled substance.

This case was investigated by the Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, South Dakota Highway Patrol, Iowa State Patrol, and the State of Iowa Department of Public Safety.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

Durrani and Knecht were immediately turned over to the custody of the U.S. Marshals Service.