FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Woman Indicted on Larceny and Bank Fraud ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Larceny and Bank Fraud.
Yesica Rose Lara, age 34, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 29, 2018 and September 11, 2018, Lara did unlawfully forge checks from closed accounts and attempted to cash them at multiple locations in Eagle Butte. The Indictment further alleges that Lara attempted to execute a scheme and artifice to obtain moneys, funds, credits, asset, securities, or other property owned by financial institutions.
The charges are merely accusations and Lara is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Lara was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Lucian Rising Sun, a/k/a Sonny Rising Sun, age 28, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 29, 2020, Rising Sun unlawfully assaulted an individual and the assault resulted in serious bodily injury to the victim.
The charge is merely an accusation and Rising Sun is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Rising Sun remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former Rapid City Priest Convicted on 65 Counts in Theft, Wire Fraud and Money Laundering SchemeRead the Press Release
United States Attorney Ron Parsons announced that Marcin Stanislaw Garbacz, age 41, formerly an ordained priest assigned to the Catholic Diocese in Rapid City, South Dakota, was found guilty by a federal trial jury of 50 counts of Wire Fraud, nine counts of Money Laundering, one count of Transportation of Stolen Money, and five counts of Making and Subscribing a False Tax Return following a week-long jury trial at the federal courthouse in Rapid City.
Wire Fraud carries a maximum penalty of 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Money Laundering carries a maximum penalty of 20 years in federal prison and/or a $500,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Transportation of Stolen Money carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
Making and Subscribing a False Tax Return carries a maximum penalty of three years in federal prison and/or a $250,000 fine, one year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
Evidence at trial established that Garbacz, while employed as a priest with the Catholic Diocese in Rapid City, devised a scheme to steal monies collected from parishioners at various church services by secretly entering the areas in three parish churches where such monies were stored. He took steps such as entering the church buildings late in the evening, removing and replacing special, tamper-proof bank bags, making multiple same-day deposits totaling tens of thousands of dollars of stolen money in ATMs well after midnight, and laundering such stolen money through a variety of banks, investment firms, and credit card companies.
Garbacz used the hundreds of thousands of dollars in stolen parishioner money to purchase for himself over a dozen gold-plated chalices, numerous bronze statues, a $10,000 diamond ring, Mont Blanc fountain pens, and more.
“The cache of worldly treasures accumulated by this common thief looks like something from Raiders of the Lost Ark,” said U.S. Attorney Parsons. “He bought it all using money he stole from his parishioners – money that was intended to help the Church and help the poor. The selfishness and greed of it all is mind-boggling.”
“Income is taxable, regardless of the source” said Karl Stiften, Special Agent in Charge, at the IRS Criminal Investigation division. “Special Agents are following the money to make sure everyone complies with the tax laws.”
Once he was made aware of the federal investigation, Garbacz drained his bank account of more than $50,000 and bought a one-way plane ticket to Poland. Fortunately, he was arrested by federal agents at Seattle-Tacoma International Airport in May 2019 just before his flight was to depart.
Assistant United States Attorney Benjamin Patterson prosecuted and tried the case, and the investigation was led by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation.
A sentencing date will be scheduled. Garbacz was remanded to the custody of the U.S. Marshals Service pending sentencing.
U.S. Attorney Attends Department of Justice 2020 National Opioid SummitRead the Press Release
U.S. Attorney Ron Parsons, DEA Acting Administrator Uttam Dhillon and AUSA Jennifer MammengaWASHINGTON D.C. – United States Attorney Ron Parsons attended the Department of Justice’s National 2020 Opioid Summit held on March 4-6, 2020, at the Robert F. Kennedy Building in Washington D.C. The summit brought together U.S. Attorneys, prosecutors, law enforcement officials, health professionals, and other experts from across the country to discuss strategies for confronting and solving the opioid crisis. Featured speakers included U.S. Attorney General William Barr, Deputy Attorney General Jeffrey Rosen, First Lady Melania Trump, Uttam Dhillon (Acting Administrator of the Drug Enforcement Administration), and Sam Quinones (Journalist and Author of Dreamland). Assistant U.S. Attorney Jennifer Mammenga, Opioid Coordinator for the District of South Dakota, was also in attendance at the summit.
Renner Woman Sentenced for Bank FraudRead the Press Release
United States Attorney Ron Parsons announced that a Renner, South Dakota, woman convicted of Bank Fraud was sentenced on March 2, 2020, by U.S. District Judge Karen E. Schreier.
Tessa Crawford, age 24, was sentenced to 2 months in federal prison, followed by 4 years of supervised release, restitution in the amount of $3,877.92, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crawford was indicted by a federal grand jury on October 8, 2019. She pled guilty on December 2, 2019.
The conviction stemmed from incidents beginning on or about November 8, 2017, and continuing through on or about February 14, 2018, when Crawford, along with others, knowingly executed and attempted to execute a scheme and artifice to defraud financial institutions by obtaining money, funds, credits, assets, securities, and other property owned by, and under the custody and control of, the financial institutions, by means of false or fraudulent pretenses, representations, and promises.
Crawford stole several legitimate checks from the unsecured mailboxes of various individuals in the Sioux Falls area. Crawford then “washed” the checks by using chemicals to remove some of the original handwritten ink and altered the payee and the amount sections of the checks. She then negotiated the checks and attempted to negotiate the checks for her own purpose and benefit, and recruited others to negotiate the checks and attempt to negotiate the checks on her behalf.
This case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Crawford was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Two Years in Prison for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Jeffrey L. Viken, U.S. District Judge.
Ira Little Bear, age 29, was sentenced on February 24, 2020, to 2 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Little Bear was indicted by a federal grand jury in July 2019.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Little Bear was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Wanbli Morris, age 34, was sentenced on February 28, 2020, to 6 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Morris, a previously convicted felon who is prohibited from possessing firearms, unlawfully being in possession of a stolen Hi-Point 9mm semi-automatic pistol, which he forcibly took from a sales clerk while robbing a Rapid City Fresh Start convenience store in April 2019.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Morris was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Joseph Marr, age 26, was sentenced on February 28, 2020, to 4 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Marr, a previously convicted felon who is prohibited from possessing firearms, being in possession of a loaded Smith & Wesson 9 mm pistol after taking law enforcement on a high speed chase reaching 100 miles per hour.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Marr was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of AmmunitionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of Ammunition by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
John Dethlefs, age 52, was sentenced on February 28, 2020, to time served, 2 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Dethlefs, a previously convicted felon who is prohibited from possessing ammunition, unlawfully possessing multiple types of ammunition in September 2016 at Rapid City, which was found after law enforcement executed a search warrant on Dethlefs’ residence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Pierre Man Charged with Assaulting Federal OfficersRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and Influencing a Federal Officer by Threat.
Richard Barela, age 28, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 4, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 14, 2020, Barela did forcibly assault, resist, oppose, impede, intimidate, and interfere with U.S. Marshals by using a knife, while the U.S. Marshals were engaged in the performance of their official duties. The Indictment further alleges that during the incident, Barela threatened to murder the U.S. Marshals.
The charges are merely accusations and Barela is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Pierre Police Department. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Barela was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parker Man Indicted on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Parker, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Rollin Lee Dollens, age 52, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on March 2, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 16, 2019, Dollens, knowingly being an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm in Corson County, South Dakota.
The charge is merely an accusation and Dollens is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Corson County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Dollens was released on bond pending trial. A trial date has not been set.
California Man Sentenced to 14 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Yuba City, California, man who was convicted at a federal jury trial in October 2019 of Conspiracy to Distribute a Controlled Substance was sentenced on February 28, 2020, by U.S. District Court Judge Jeffrey L. Viken.
Juan Porcayo, age 49, was sentenced to a total of 14 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately January 2016 to September 2017, while living in California, Porcayo supplied approximately 10 kilograms of methamphetamine to persons in Rapid City, South Dakota, for distribution.
This case was investigated by the Department of Homeland Security and the Unified Narcotics Enforcement Team, which is comprised of investigators from the South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, Rapid City Police Department, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Porcayo was immediately returned to the custody of the U.S. Marshals Service.
California Man Facing Charges of Conspiracy to Distribute Meth in South DakotaRead the Press Release
United States Attorney Ron Parsons announced that a San Jose, California, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Michael George Sequeira, age 35, was indicted on December 17, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 2, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10 million fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Beginning on an unknown date and continuing until on or about the date of this Indictment, in the District of South Dakota and elsewhere, Michael George Sequeira, did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846.
The charge is merely an accusation and Sequeira is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Postal Inspection Service and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Sequeira was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Arizona Man Sentenced for Role in South Dakota Meth ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Surprise, Arizona, man convicted of Conspiracy to Distribute 500 Grams of Methamphetamine was sentenced on February 24, 2020, by U.S. District Judge Karen E. Schrerer.
Johnny Gould, age 44, was sentenced to 72 months in federal prison, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Gould was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 5, 2019. He pled guilty on November 25, 2019.
Beginning on an unknown date and continuing until on or about September 30, 2017, in the District of South Dakota and elsewhere, Gould did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine. Gould was the source for approximately twenty pounds of methamphetamine that was distributed in South Dakota.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Gould was immediately turned over to the custody of the U.S. Marshals Service.
Washington Man Charged with Prohibited Person in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Bridgeport, Washington, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.
Johnathan Bravo Barrera, age 25, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and a $250,000 fine, three years of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that on October 23, 2019, in Corson County, Bravo while knowingly being an unlawful user of and addicted to marijuana knowingly possessed two firearms, which had been shipped and transported in interstate commerce and foreign commerce.
The charge is merely an accusation and Bravo 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 Northern Plains Safe Trails Drug Enforcement Task Force and the Corson County Sheriff’s Office. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Bravo was released on bond. A trial date has not been set.
Rosebud Woman Indicted for Assault of and Threatening a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and Influencing a Federal Officer by Threat.
Jamie E. Oliver, a/k/a Jamie E. Decory, age 34, was indicted on February 11, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 6, 2019, Oliver did forcibly assault, oppose, impede, intimidate, and interfere with and threaten to murder a law enforcement officer who was employed by the Rosebud Sioux Tribe.
The charges are merely accusations and Oliver 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.
Oliver was released on bond pending trial. A trial date has not been set.
Rapid City Woman Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Terri Paulhamus, age 39, was sentenced to 60 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Paulhamus was indicted by a federal grand jury on August 14, 2018. She pled guilty on December 5, 2019.
The conviction stemmed from a conspiracy that occurred between 2016 and 2017, in which Paulhamus, knowingly and intentionally, conspired and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 50 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Paulhamus was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced by Jeffrey L. Viken, U.S. District Judge.
Warren Hotchkiss, age 39, was sentenced on February 25, 2020, to time served, 2 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to Hotchkiss unlawfully possessing a short-barrel Weatherby, model PA 08 TR, 12 gauge pump action shotgun in March 2019 at Rapid City, which was found after law enforcement executed a search warrant on Hotchkiss’ residence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Rapid City Man Sentenced for Fourth Failure to Register as a Sex OffenderRead the Press Release
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 February 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Bradley Makes Room For Them, age 35, was sentenced to 33 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.
Makes Room For Them was indicted by a federal grand jury on October 17, 2019. He pled guilty on December 17, 2019.
Makes Room For Them was convicted of Aggravated Sexual Abuse in September 2003. As a result of this conviction, he is required to register under the Sex Offender Registration and Notification Act. Makes Room For Them was convicted of Failure to Register as a Sex Offender in 2014, 2016, and 2018. In September 2019, Makes Room For Them was released from prison and began a period of supervised release, but failed to update his sex offender registration. An arrest warrant was subsequently issued and on September 29, 2019, Makes Room For Them was arrested in Rapid City.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Makes Room For Them was immediately turned over to the custody of the U.S. Marshals Service.
Pukwana Woman Sentenced for Theft of Mail by Postal Service EmployeeRead the Press Release
United States Attorney Ron Parsons announced that a Pukwana, South Dakota, woman convicted of Theft of Mail by Postal Service Employee was sentenced on February 24, 2020, by U.S. District Judge Karen E. Schreier.
Kayla Ottmo, age 36, was sentenced to 2 years of probation, $315 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ottmo was indicted by a federal grand jury on July 9, 2019. She pled guilty on November 26, 2019.
The conviction stemmed from incidents between on or about September 2018, and November 2, 2018, when Ottmo stole letters, packages, bags, and mail that were not addressed to her. These items had been placed in the custody and control of the U.S. Postal Service and were intended to be conveyed by mail. Ottmo stole the contents of the letters, packages, bags, and mail, namely gift cards and other items of value, and converted them to her own use. At the time, Ottmo was employed by the U.S. Postal Service in Pukwana as a rural carrier associate.
This case was investigated by the Office of Inspector General, U.S. Postal Service. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Pine Ridge Woman Acquitted of Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman was acquitted of Second Degree Murder as a result of a federal jury trial in Rapid City, South Dakota, on February 21, 2020.
Doreen Brown, age 44, was indicted by a federal grand jury on July 9, 2019.
The charges related to the stabbing death of Brown’s boyfriend at Pine Ridge on June 27, 2019.
The investigation was conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney's Office prosecuted the case.
Pine Ridge Man Sentenced for BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Third Degree Burglary was sentenced by Jeffrey L. Viken, U.S. District Judge.
Nicholas Otter Robe, age 20, was sentenced on February 25, 2020, to 5 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $40,700 in restitution.
Otter Robe was indicted by a federal grand jury in August 2018. The charge related to Otter Robe causing extensive damage to a Chevrolet Impala and Chevrolet Suburban on June 2, 2018, at the Pine Ridge School. Otter Robe then broke a window to gain entrance to the school and entered various offices and multiple classrooms, leaving a path of destruction to federal and school property in his wake. Otter Robe caused in excess of $40,700 damage to the vehicles and federal and/or Pine Ridge School property.
This case was investigated by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Mount Vernon Man Sentenced for Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Mount Vernon, South Dakota, man convicted of Distribution and Receipt of Child Pornography was sentenced on February 24, 2020, by U.S. District Judge Karen E. Schreier.
Richard Charles Tellinghuisen, age 29, was sentenced to 121 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.
Tellinghuisen was indicted by a federal grand jury on July 9, 2019. He pled guilty on November 26, 2019.
The conviction stemmed from incidents on or about September 11, 2017, and September 12, 2017, when Tellinghuisen entered a chat room on the internet hosted by KIK where he chatted with an undercover agent. Tellinghuisen distributed several videos containing child pornography to the undercover agent.
Tellinghuisen knew the files contained child pornography and he admitted to knowingly distributing files containing child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
This case was investigated by the Department of Homeland Security. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Tellinghuisen was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Abusive Sexual Contact with a ChildRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact of a Child and Sexual Contact.
Joseph Dallas Spotted Horse, age 61, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 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, $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that in August of 2015, Spotted Horse knowingly engaged in sexual contact with a child who had not attained the age of 12 years. The Indictment further alleges that Spotted Horse engaged in sexual contact with an individual who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating an unwillingness to engage in the abusive sexual contact.
The charges are merely accusations and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Pierre Man Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Fort Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Frank Loring Miller, Jr., age 61, was sentenced to 57 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Miller was indicted by a federal grand jury on July 16, 2019. He pled guilty on December 12, 2019.
The conviction stemmed from a conspiracy that occurred between February 1, 2019, and July 16, 2019, in which Miller, knowingly and intentionally, conspired and agreed with others to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in and around the Pierre and Ft. Pierre communities. As part of the conspiracy, Miller and his co-defendants traveled to Denver, Colorado to pick up methamphetamine. On June 23, 2019, law enforcement conducted a traffic stop of Miller’s vehicle wherein 236 grams of methamphetamine, a scale, pipes and other items of distribution were found.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Miller will self-report on March 10th to the custody of the U.S. Marshals Service.
Former Watertown Woman Charged with Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a former Watertown, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, False Statement, Concealment of Information from SSI Program, and Misuse by a Representative Payee.
Marilyn Ruth Holley, age 40, was indicted on January 7, 2020. She appeared before U.S. Magistrate Judge William D. Gerdes on February 25, 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, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The first count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley willfully and knowingly embezzled, stole, and purloined money from Title XVI program benefits payments made to a minor child from whom Holley was a representative payee. Title XVI is administered by the Social Security Administration.
The second count of the Indictment also alleges that on or about April 5, 2016, Holley knowingly made false statements and representations in a Social Security Administration non-medical review, that is she falsely reported that a minor child was living in her home, when he was not.
The third count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley failed to disclose that a minor child had ceased to live in her home, in order to continue to receive and spend SSI benefits payments made by the Social Security Administration to her.
Finally, the fourth count of the Indictment alleges that between November 19, 2015, and April 1, 2019, Holley knowingly and willfully converted the minor child’s benefits to her own use.
The charges are merely accusations and Holley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Social Security Administration, Cooperative Disability Investigation Unit. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Holley was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Shawn Hawley, age 39, was sentenced on February 24, 2020, to 18 months in federal prison, followed by 18 months of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Hawley, a previously convicted felon who is prohibited from possessing firearms, being in possession of an Izhmash, model Saiga-12, 12 gauge shotgun, which was found after Hawley came into contact with law enforcement in November 2018 at Rapid City.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Hawley was immediately remanded to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Joel Boe, age 38, was sentenced to 60 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Boe was indicted by a federal grand jury on September 10, 2019. He pled guilty on December 5, 2019.
The conviction stemmed from a conspiracy that occurred between June 2017 and September 2019, in which Boe, knowingly and intentionally, conspired and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 50 grams or more of methamphetamine in and around the Pierre and Ft. Pierre communities.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Pierre Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Boe was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Luke Joseph Burning Breast, age 36, was sentenced to 16 months in federal prison, followed by 2 years of supervised release, forfeiture of a firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Burning Breast was indicted by a federal grand jury on August 14, 2019. He was convicted of the charge on December 10, 2019, following a two-day jury trial in Pierre, South Dakota.
The conviction stemmed from Burning Breast being previously convicted of Drug User in Possession of a Firearm, a felony, in U.S. District Court for the District of South Dakota in 2008. On April 9, 2019, in Rosebud, South Dakota, Burning Breast was at a residence when a heated altercation ensued between him and his domestic partner. Law enforcement was contacted and responded to the residence. At the scene, officers overheard Burning Breast say his rifle was placed outside during the argument. Upon questioning, Burning Breast affirmed the location of the rifle and acknowledged his prior felony conviction, but erroneously asserted the conviction was expunged. Officers found the rifle outside the residence as Burning Breast described. Burning Breast’s felony conviction had not been expunged and remained valid.
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 and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.
Chicago Drug Dealer Sentenced to Life in Prison for Distribution of Heroin Resulting in DeathRead the Press Release
United States Attorney Ron Parsons announced that a Chicago, Illinois, man was sentenced to life in prison by U.S. District Judge Karen E. Schreier.
Maurice Bellafonta Cathey, a/k/a “Short,” age 39, was convicted of two counts of Conspiracy to Distribute a Controlled Substance, one count of Distribution of a Controlled Substance Resulting in Death, and two counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury in a November 2019 trial.
On February 24, 2020, U.S. District Court Judge Karen E. Schreier sentenced Cathey to 30 years in federal prison on each conspiracy count and life in prison for the death and serious bodily injury counts, all to run concurrently. Cathey was also ordered to pay $500 to the Federal Crime Victims Fund.
On January 5, 2018, first responders reported to a fatal overdose of a 22-year-old man at an apartment in Sioux Falls, South Dakota. The victim was unresponsive and attempts to revive him were unsuccessful. A friend of the victim who was with him said that the victim had injected himself with heroin. The victim obtained heroin from his friend that had been distributed by Cathey. Minnehaha County Coroner Dr. Kenneth Snell ruled that the victim’s cause of death was heroin and cyclopropyl fentanyl toxicity.
On February 9, 2018, first responders were dispatched to a fast food restaurant on South Minnesota Avenue for a report of cardiac arrest, where they found a 20-year-old woman who was unconscious and not breathing due to a heroin overdose. The victim was revived by first responders with Narcan. Cathey sold the heroin to the victim minutes before her overdose.
On April 23, 2018, first responders were dispatched to an overdose call at an apartment in Sioux Falls. First responders encountered a 24-year-old man who had overdosed on heroin laced with tramadol, 4-ANPP, and fentanyl, ultimately distributed by Cathey and his co-conspirator, Corrod Phillips. The victim was unconscious and not breathing when first responders arrived, but was revived by Narcan.
On May 16, 2018, a 23-year-old man overdosed on heroin in the bathroom of a grocery store in Sioux Falls. First responders found him unconscious and breathing poorly, and were able to awaken him with Narcan. The victim said he purchased the heroin from Phillips less than an hour before his overdose.
Testimony at trial revealed that multiple other overdoses, including at least one additional death, were caused by heroin distributed by Cathey and Phillips.
The Sioux Falls Area Drug Task Force executed multiple search warrants during the investigation at residences connected to Cathey and Phillips. During the execution of these warrants, SFADTF members located dozens of bindles of crack cocaine and heroin, thousands of dollars in U.S. Currency, and numerous items of drug distribution paraphernalia.
“The sentencing of this career felon to life in prison brings a fitting end to one of the saddest chapters in the history of Sioux Falls,” said U.S. Attorney Parsons. “But the story of how our community came together to defeat the opioid crisis is not yet finished, and we all have much more work to do.”
This case was investigated by the Drug Enforcement Administration, the Sioux Falls Area Drug Task Force, the Sioux Falls Police Department, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Cathey was immediately turned over to the custody of the U.S. Marshals Service. Corrod Phillips awaits sentencing.
Tyndall Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jose Eduardo Rodriguez, age 44, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 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.
Rodriguez was convicted of Fourth Degree Rape in July 1998. As a result of this conviction, he is required to register as a sex offender. It is alleged between August 18, 2019, and December 26, 2019, Rodriguez, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Rodriguez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Rodriguez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged for Possession of Firearm by Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of possession of firearm by prohibited person was sentenced on February 14, 2020, by U.S. District Judge Karen E. Schrerer.
Peyton Michael Ledbetter, age 22, was sentenced to 87 months in federal prison, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Ledbetter was indicted for felon in possession of a firearm by a federal grand jury on December 4, 2018. He pled guilty on October 22, 2019.
Law enforcement stopped the vehicle in which Ledbetter was driving on September 30, 2018, in Sioux Falls. During a search of his person and vehicle, law enforcement located a Winchester brand, 9xl9 mm Luger caliber round of ammunition, a Winchester brand 9xl9mm Luger caliber cartridge case, and a TulAmmo brand .380 AUTO caliber cartridge case.
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
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Ledbetter was immediately turned over to the custody of the U.S. Marshals Service.
Sicangu Village Man Indicted for Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Sicangu Village, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Conrad Good Voice, Jr., age 24, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 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 June 4, 2018, in Todd County, South Dakota, Good Voice knowingly engaged in a sexual act with the minor victim, by the use of force.
The charge is merely an accusation and Good Voice is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Good Voice was released on bond pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
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.
Richard Peneaux, age 26, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Peneaux was convicted of Sexual Abuse of a Minor in March of 2014. As a result of this conviction, he is required to register as a sex offender. It is alleged between December 22, 2019, and January 7, 2020, Peneaux, 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 Peneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Woman Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Jeni May Pearl Arcoren, age 32, was indicted on February 11, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that beginning on January 1, 2015, and continuing through February 11, 2020, in the District of South Dakota and elsewhere, Arcoren, knowingly and intentionally, combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Arcoren is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Arcoren was released on bond pending trial. A trial date has not been set.
Nebraska Woman Indicted for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Valentine, Nebraska, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Mareca Rodriquez, age 28, was indicted on February 11, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 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 on November 1, 2019, and continuing through February 4, 2020, in the District of South Dakota and elsewhere, Rodriquez, knowingly and intentionally, combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Rodriquez 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.
Rodriquez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Patrick Red Bird, age 36, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 27, 2019, Red Bird 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 inflicted bodily injury upon the officer.
The charge is merely an accusation and Red Bird 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.
Red Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Kristy Andrews, age 27, was indicted on February 11, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 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 November 23, 2019, Andrews assaulted two federal law enforcement officers while they were engaged in the performance of their official duties, and the assaults did involve physical contact.
The charge is merely an accusation and Andrews is presumed innocent until and unless proven guilty.
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.
Andrews was released on bond pending trial. A trial date has not been set.
Fort Thompson Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Stuart Dion, age 36, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 30, 2019, and February 11, 2020, Dion, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Dion is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Dion was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Florida Man Charged with Organic Fraud SchemeRead the Press Release
United States Attorney Ron Parsons announced that a Bradenton, Florida, man has been indicted by a federal grand jury for one count of Conspiracy to Commit Wire Fraud, twelve counts of Wire Fraud, and twenty-nine counts of Money Laundering.
Kent Duane Anderson, age 49, was indicted on February 4, 2020. He appeared before U.S. Magistrate Judge Danita Wollmann on February 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison, and/or a $250,000 fine, 3 years of supervised release, and up to $4,200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between 2012 and 2017, Anderson, aided by others, operated a group of inter-related business entities he formed in South Dakota that claimed to sell organic commodities. Operating as Green Leaf Trading, and other businesses with the Green Leaf name, Anderson purchased thousands of tons of small grain and seed products from non-organic suppliers and re-sold those products to wholesale distributors, brokers, and other buyers at marked-up prices, and falsely represented the products were organic. The Indictment alleges one count of conspiracy to commit wire fraud, 12 counts of wire fraud, 12 counts of using the proceeds of the wire fraud to promote the unlawful activity, and 17 counts of purchases made from criminally derived proceeds.
“Falsely labeling products as organic violates federal law,” said U.S. Attorney Parsons. “It cheats American consumers and unfairly punishes true organic farmers and producers who follow the rules. We will prosecute this kind of fraud wherever it is found.”
“This investigation and prosecution should send a strong zero-tolerance message to those individuals engaged in the practice of defrauding the National Organic Program,” said Anthony Mohatt, Special Agent-in-Charge, USDA-Office of Inspector General. “It should also serve as a warning to all that participate in the organic supply chain, that fraud will be vigorously investigated and prosecuted by the USDA-OIG, the U.S. Attorney's Office, and all its federal, state, and local partners that have a stake in ensuring that fraud is eliminated from taxpayer funded programs.”
“Honest and law abiding citizens are fed up with those who use deceit and fraud to line their pockets,” said Karl Stiften, Special Agent-in-Charge of IRS Criminal Investigation. “We are committed to 'following the money trail.' We will continue to pursue the evidence wherever it leads, leaving no financial stone unturned.”
The charges are merely accusations and Anderson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Department of Agriculture, the Federal Bureau of Investigation, and the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Anderson was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted on Wildlife and Larceny ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for a Lacey Act Violation and Larceny.
Dugan Traversie, age 39, was indicted on February 12, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 18, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that sometime between October 28, 2019, and November 4, 2019, Traversie harvested a white-tailed deer outside of the tribal hunting season, in violation of the Cheyenne River Sioux Tribe hunting laws and regulations. After Traversie shot the deer, he left and returned the next day to remove the head and left the carcass behind. The white-tailed deer had a value of more than $1,000.
The charges are merely accusations and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Service, and the Cheyenne River Sioux Tribe, Game, Fish and Parks Department. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Traversie was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Daniel Gray Eagle, age 38, was indicted on December 10, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $10,000,000 fine, up to lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning on January 1, 2016, and continuing through December 10, 2019, in the District of South Dakota and elsewhere, Gray Eagle, knowingly and intentionally, combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Gray Eagle 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.
Gray Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Kip Blue Coat, age 28, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 26, 2019, in Eagle Butte, Blue Coat unlawfully assaulted an individual and said assault resulted in serious bodily injury.
The charge is merely an accusation and Blue Coat is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Blue Coat was released on bond pending trial. A trial date has not been set.
Tyndall Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.
Paul Hovorka, age 24, was indicted on February 4, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life years of supervised release, and up to $5,100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 15, 2019, and November 21, 2019, Hovorka knowingly received and attempted to receive child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Hovorka is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hovorka was released on bond pending trial. A trial date has not been set.
Former Indian Health Services Doctor Indicted on Multiple Counts of Sexual Abuse and Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man formerly employed as a physician for Indian Health Services at the Wagner Indian Health Service Clinic has been indicted by a federal grand jury for four Counts of Sexual Abuse and four Counts of Abusive Sexual Contact involving his patients.
Pedro Ibarra-Perocier, age 58, was indicted on February 4, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 13, 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, life of supervised release, and up to $800 to the Federal Crime Victims Fund. Restitution may also be ordered.
Count 1 of the Indictment alleges that on or about between approximately January 2017, and August 2018, Ibarra-Perocier knowingly caused and attempt to cause Adult Victim #1 to engage in a sexual act by threatening and placing Adult Victim #1 in fear.
Count 2 of the Indictment alleges that on or about between approximately January 2014, and February 2017, Ibarra-Perocier knowingly caused and attempt to cause Adult Victim #2 to engage in a sexual act by threatening and placing Adult Victim #2 in fear.
Count 3 of the Indictment alleges that on or about between approximately April 2018, and August 2018, Ibarra-Perocier knowingly caused and attempt to cause Adult Victim #3 to engage in a sexual act by threatening and placing Adult Victim #3 in fear.
Count 4 of the Indictment alleges that on or about between approximately April 2018, and June 2018, Ibarra-Perocier knowingly caused and attempt to cause Adult Victim #4 to engage in a sexual act by threatening and placing Adult Victim #4 in fear.
Count 5 of the Indictment alleges that on or about between approximately January 2017, and August 2018, Ibarra-Perocier knowingly engaged in, and attempted to engage in, sexual contact with Adult Victim #1 by threatening and placing Adult Victim #1 in fear.
Count 6 of the Indictment alleges that on or about between approximately January 2014, and February 2017, Ibarra-Perocier knowingly engaged in, and attempted to engage in, sexual contact with Adult Victim #2 by threatening and placing Adult Victim #2 in fear.
Count 7 of the Indictment alleges that on or about between approximately April 2018, and August 2018, Ibarra-Perocier knowingly engaged in, and attempted to engage in, sexual contact with Adult Victim #3 by threatening and placing Adult Victim #3 in fear.
Count 8 of the Indictment alleges that on or about between approximately August 2016, and June 2018, Ibarra-Perocier knowingly engaged in, and attempted to engage in, sexual contact with Adult Victim #4 by threatening and placing Adult Victim #4 in fear.
The charges are merely accusations and Ibarra-Perocier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Inspector General, Office of Investigations. Assistant U.S. Attorneys Ann M. Hoffman and Jeffrey C. Clapper are prosecuting the case.
Ibarra-Perocier was released on bond pending trial. A trial date has not been set.
Alcester Man Charged with Wire Fraud and Mail FraudRead the Press Release
United States Attorney Ron Parsons announced that an Alcerster, South Dakota, man has been indicted by a federal grand jury for 12 Counts of Wire Fraud and 8 Counts of Mail Fraud.
Christopher Day, age 31, was indicted on February 4, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and up to $2,000 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between 2015 and 2019, Day, who worked for Pedersen Machine located in Beresford, South Dakota, knowingly and unlawfully devised a scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations, and promises.
The Indictment also alleges that between 2018 and 2019, Day knowingly caused to be sent and delivered by the U.S. Postal Service invoices for transactions involving Day’s shell business, which were sent to Day from his employer.
Day would order parts for himself, which he would resell online. Day would make it appear as though those parts were ordered on behalf of his employer’s customers. He would then cancel the orders, but still keep the parts.
The charges are merely accusation and Day is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Division of Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Day was released on bond pending trial. A trial date has not been set.
Three Oklahoma Residents Sentenced for Passing Counterfeit Money in South DakotaRead the Press Release
United States Attorney Ron Parsons announced that two men and a woman from Oklahoma, convicted of Passing Counterfeit U.S. Currency, have been sentenced by Judge Jeffrey L. Viken, U.S. District Court.
Michael Glenn Ogden, age 38, was sentenced on December 18, 2019, to 41 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Marcus Paul Franklin, age 46, was sentenced on January 27, 2020, to 41 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Mary Allen Autry, age 42, was sentenced on February 7, 2020, to 30 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The amount of restitution owing has been deferred for 90 days.
The three were indicted by a federal grand jury in March 2018. The charges related to the trio using printers, paper, and chemicals to convert legitimate $10 U.S. currency bills into counterfeit $100 U.S. currency bills. Using this equipment, they manufactured and passed thousands of dollars of counterfeit U.S. $100 bills in South Dakota and other states.
This case was investigated by the Rapid City, South Dakota, Police Department and the U.S. Secret Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Ogden, Franklin, and Autry were immediately turned over to the custody of the U.S. Marshals Service after their respective sentencings.
Seven South Dakota Residents Sentenced in Meth Distribution ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that seven South Dakotans have been sentenced by U.S. District Judge Karen E. Schreier for their roles in a large-scale methamphetamine conspiracy.
Justin Robert Christensen (age 31) of Sioux Falls; Nicholas Scott Flier (age 26) of Valley Springs; Paris Bryn Koller (age 26) of Pierre; Brandon Alan Watters (age 25) of Sioux Falls; Kasie Mae Vogt (age 31) of Armour; Amanda Leigh Wieman (age 32) of Sioux Falls; and Tanya Jeanette Andrews (age 44) of Pierre, were indicted for conspiracy to distribute a controlled substance by a federal grand jury on May 8, 2019. Christensen was also indicted for being a felon in possession of a firearm and conspiracy to launder monetary instruments. Each defendant was charged for their role in conspiring to distribute a mixture and substance containing 500 grams or more of methamphetamine.
Flier, Koller, Watters, Vogt, Wieman, and Andrews entered guilty pleas to conspiracy to distribute a controlled substance and were each sentenced in late 2019 to 120 months in custody, followed by five years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund. Christensen pled guilty to conspiracy to distribute a controlled substance and conspiracy to launder monetary instruments in September 2019. On February 10, 2020, Christensen was sentenced to 280 months in custody, followed by 10 years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.
The investigation revealed that Christensen received over ten pounds of methamphetamine in the U.S. Mail that he had ordered from the Dark Web. Christensen distributed the methamphetamine to his co-defendants and others, so they could sell the drugs to their own customers. Christensen utilized various bank accounts and Bitcoin accounts to conceal the nearly $200,000 he amassed from the sale of methamphetamine.
This case was investigated by the Homeland Security Investigations, the U.S. Postal Inspection Service, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
All defendants have been remanded to the custody of the U.S. Marshals Service.
Rapid City Woman Charged with Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, False Statement, and Misuse by a Representative Payee.
Jolenta Apodaca, f/k/a Jolenta American Horse, age 42, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for the Theft of Government Funds charge. The maximum penalty upon conviction for the other charges is 5 years in 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 charges relate to Apodaca knowingly converting to her own use money of the U.S. Social Security Administration and making false statements on non-medical review forms on February 13, 2018, and February 28, 2019, as Representative Payee for her minor child’s Supplemental Security Income benefits. Apodaca stated that her minor child resided with her, when in fact the child had not resided with her since 2016. Apodaca received benefits, intended for the child, totaling approximately $26,920 from these false statements.
The charges are merely accusations and Apodaca is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General – Social Security Administration. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Apodaca was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 14, 2020.
Rapid City Man Found Guilty of Firearm and Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that Jonathan Andrew Blacksmith, a/k/a Jon Andrew Blacksmith, age 44, was found guilty of 2 counts of Possession of a Firearm by a Prohibited Person, 2 counts of Possession with Intent to Distribute a Controlled Substance, and 1 count of Possession of a Firearm in Furtherance of Drug Trafficking Crime following a federal jury trial in Rapid City, South Dakota.
Each Possession of a Firearm by a Prohibited Person charge carries a maximum sentence 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. The first Possession with Intent to Distribute a Controlled Substance charge carries a mandatory minimum sentence of 5 years to not more than 40 years in federal prison. The second charge of Possession with Intent to Distribute a Controlled Substance carries a maximum sentence of 5 years in prison. The charge of Possession of a Firearm in Furtherance of Drug Trafficking Crime carries a minimum of 5 years up to life in prison.
Evidence at trial established Blacksmith, knowing he was a convicted felon, possessed a Glock 9mm pistol in Kyle, South Dakota, on February 17, 2017, and a .40 caliber pistol in Rapid City in January 2017. Blacksmith distributed 50 grams or more of methamphetamine in Kyle in February 2017. In January 2017, Blacksmith distributed methamphetamine in Rapid City while in possession of the .40 caliber pistol.
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/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
This case was investigated by federal, state and local agencies, including the Bureau of Indian Affairs Division of Drug Enforcement, the Pennington County Sheriff’s Office, the Rapid City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Unified Narcotics Enforcement Team (“UNET”), which is a local drug task force comprised of various agencies. Assistant U.S. Attorney Eric Kelderman prosecuted and tried the case.
A sentencing date has been set for June 22, 2020. Blacksmith was remanded to the custody of the U.S. Marshals Service pending sentencing.