District of South Dakota

United States Attorney Ron Parsons announced that a Selfridge, North Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Vincent Carry Moccasin, Jr., age 52, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge William D. Gerdes on October 28, 2019, 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.  Restitution may also be ordered.

The Indictment alleges that on August 3, 2019, Carry Moccasin Jr. unlawfully committed a domestic assault when at the time, he had at least two separate prior final convictions for domestic assaults in Standing Rock Sioux Tribal Court.

The charge is merely an accusation and Carry Moccasin Jr. is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.   

The defendant 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 Chicago, Illinois, woman convicted of Distribution of a Controlled Substance Resulting in Death was sentenced on October 28, 2019, by U.S. District Judge Karen E. Schreier.

Stephanie Broecker, age 27, was sentenced to 240 months in federal prison, followed by 3 years of supervised release, $3,655 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Broecker was indicted by a federal grand jury on April 4, 2018.  She pled guilty on December 10, 2018.

The conviction stemmed from an incident on or about November 16, 2017, when Broecker mailed heroin from Rockford, Illinois, to a drug customer of hers in Fedora, South Dakota, utilizing the U.S. Postal Service.  The drug customer received the U.S. Postal parcel that contained the heroin on November 18, 2017, in South Dakota.  Witnesses reported that he ingested the heroin from the mail parcel that day and into the early morning hours of November 19, 2017, before dying of a drug overdose on November 19th.   The Minnehaha County Coroner determined that man’s death was caused by heroin toxicity. 

This case was investigated by the U.S. Postal Service, the Miner County Sheriff’s Office, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

United States Attorney Ron Parsons announced today a Ft. Pierre, South Dakota, woman has been indicted by a federal grand jury for Theft from a Program Receiving Federal Funds. 

Pamela Duncan, age 52, was indicted on October 16, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2019, 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 between January 2017 and August 2018, while she was employed as an agent of the United Sioux Tribes of South Dakota Development Corporation (USTDC), Duncan did embezzle, steal, obtain by fraud, and intentionally misapply property of USTDC, an organization receiving Federal funds.

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

The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.

The case was brought as part of 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.

United States Attorney Ron Parsons announced that an Aurora, Colorado, man convicted by virtue of guilty pleas to Conspiracy to Distribute a Controlled Substance and Brandishing a Firearm During and In Relation to a Drug Trafficking Crime was sentenced on October 28, 2019, Chief Judge Jeffrey L. Viken, U.S. District Court.

Dana Gene Faulkner, age 41, was sentenced to 25 years in prison, followed by 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. 

From May 2017 through August 2017, Faulkner transported and arranged transportation of 15-45 kilograms of methamphetamine to South Dakota from Colorado.  He then had multiple sub-distributors who dealt the methamphetamine in the Rapid City area.   To further his drug distribution activities, Faulkner frequently brandished a firearm.  When he was arrested in August 2017, Faulkner had in his possession a Taurus firearm, which was forfeited.

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 the Department’s 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 was investigated by the Unified Narcotics Enforcement Team (UNET), and Bureau of Alcohol, Tobacco, Firearms, and Explosives.  UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.  Multiple co-conspirators have already been sentenced and two more remain pending sentencing.

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

The Department of Justice announced today that hospital entities Sanford Health, Sanford Medical Center, and Sanford Clinic (collectively, Sanford), of Sioux Falls, South Dakota, have agreed to pay $20.25 million to resolve False Claims Act allegations that they knowingly submitted false claims to federal healthcare programs resulting from violations of the Anti-Kickback Statute and medically unnecessary spinal surgeries.  The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally-funded programs. 

“Kickbacks can compromise a physician’s medical judgment, result in unnecessary procedures, and increase healthcare costs for everyone,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “We will continue to hold healthcare providers accountable when they violate the rules intended to safeguard the integrity of federal healthcare programs and the welfare of their beneficiaries.”

The settlement announced today resolves allegations that Sanford knew that one of its top neurosurgeons was improperly receiving kickbacks from his use of implantable devices distributed by his physician-owned distributorship (POD).  Sanford allegedly received warnings from the neurosurgeon’s physician colleagues and others about the alleged kickback scheme and was aware of the heightened compliance risks associated with PODs.  In addition, the neurosurgeon’s colleagues and others repeatedly warned Sanford that the neurosurgeon was performing medically unnecessary procedures involving the devices in which he had a substantial financial interest.  The United States alleged that, despite these repeated warnings, Sanford continued to employ the neurosurgeon, continued to allow him to profit from the devices he used in surgeries performed at Sanford, and continued to submit claims to federal healthcare programs for these surgeries, including procedures that were medically unnecessary. 

“Kickback schemes and other improper financial incentives create inherent conflicts of interest and warp the medical decision-making process,” said U.S. Attorney Ron Parsons for the District of South Dakota.  “This office will continue to aggressively pursue anyone who colludes to violate federal law and compromise the integrity of our healthcare system.”

Contemporaneous with the civil settlement, Sanford entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General.  The CIA requires, among other things, that Sanford maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicare and Medicaid claims at Sanford Medical Center.  It also increases individual accountability by requiring compliance-related certifications from Sanford Medical Center’s board of directors and key executives.

“More than six years ago the Department of Health and Human Services Office of the Inspector General warned in a fraud alert that PODs were inherently suspect under the Anti-Kickback Statute.  Unfortunately, these distributors remain questionable,” said Curt L. Muller, Special Agent in Charge, Office of Inspector General at the U.S. Department of Health and Human Services (HHS-OIG).  “Patients in government healthcare programs rightly expect that surgeries are medically indicated, not performed to increase provider profits.”

The settlement resolves allegations originally brought in a lawsuit filed by Drs. Carl Dustin Bechtold and Bryan Wellman, surgeons at Sanford, under the whistleblower, or qui tam, provision of the False Claims Act, which allows private parties to bring suit on behalf of the government and to share in any recovery.  The whistleblowers will receive $3.4 million of the settlement proceeds.

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, Sanford has agreed to cooperate with the Department of Justice in litigation related to alleged co-defendants, and the hospital system has taken various remedial steps, including terminating the employment of the neurosurgeon in question and prohibiting all Sanford physicians from profiting from their use of medical devices at Sanford. 

The lawsuit is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.).  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 Yankton, South Dakota, woman convicted of Theft of Government Funds was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.

Whitney Lynn Clark, age 37, was sentenced to 2 years of probation, $78,775.33 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Clark was indicted by a federal grand jury on December 4, 2018.  She pled guilty on July 25, 2019.

The conviction stemmed from false claims Clark made on applications for Social Security benefits on behalf of her children between August 2014 and November 2017.  On the applications, Clark failed to disclose her husband's income.  This omission led to an overpayment of $78,775.33 in Social Security, Supplemental Nutrition Assistance Program (SNAP) benefits, and Medicaid payments.

This case was investigated by the Social Security Administration.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Larceny was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.

Joseph Abraham Mack, a/k/a Joseph Mack, Jr., age 27, was sentenced to 15 months in federal prison, followed by 2 years of supervised release, $1,250 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.  Additional restitution may apply.

Mack was indicted by a federal grand jury on March 13, 2018.  He pled guilty on July 31, 2019.

The conviction stemmed from an incident that occurred in the early morning hours of January 14, 2018.  On that date, Mack unlawfully entered a residence in Mission, South Dakota.  While inside, Mack stole a silver belt buckle and the keys to a pickup truck that was parked outside.  Mack then stole the pickup truck and drove away.  He wrecked the pickup near Rosebud, South Dakota, and abandoned it in the middle of the roadway.  Mack then walked to a nearby residence, stole another pickup, and then drove to a residence in St. Francis, where he was apprehended a short time later.

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

Mack 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, woman convicted of Misuse by a Representative Payee was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.

Pamela Ann Olson, age 47, was sentenced to 6 months of probation, $113,227.53 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Olson was indicted by a federal grand jury on December 4, 2018.  She pled guilty on August 12, 2019.

The conviction stemmed from incidents between November 2009 and December 2017, in the District of South Dakota and elsewhere, when Olson, who was her father’s representative payee, willfully and knowingly converted Title II program benefits payments made to her father, which are administered by the U.S. Social Security Administration, to a use other than for the benefit of her father.  Olson received her father’s Social Security benefits payments, and then stole and misused those benefits payments. 

This case was investigated by the Social Security Administration, Office of the Inspector General.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

United States Attorney Ron Parsons announced that a Marty, South Dakota, man convicted of failure to register as a sex offender was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.

Raymond Jandreau, age 61, was sentenced to 12 months and 1 day in federal prison, to be followed by 5 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund. 

According to court documents, Jandreau was convicted of attempted first-degree rape in South Dakota state court.  This conviction requires him to register for life as a sex offender.  Since July 1, 2016, Jandreau’s whereabouts were unknown until his arrest in May 2019.  His last known address was in Farmington, New Mexico, but that residence was vacated with no sign of Jandreau.  His last known address in South Dakota was in Marty.  Jandreau knew of the requirement to update his sex offender registration, but he knowingly failed to do so.

The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

Jandreau was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and False Statements During Purchase of a Firearm.

John Larvie, age 29, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, 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 July 22, 2019, Larvie, having been convicted of a misdemeanor crime of domestic violence, did knowingly make false and fictitious written statements in an effort to purchase and possess a firearm.

The charges are merely accusations and Larvie 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.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, and Firearms.  Assistant U.S. Attorney Michael Elmore is prosecuting the case.   

Larvie 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 Aggravated Sexual Abuse of a Child.

Phillip Little Hoop, age 37, was indicted on September 10, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in 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.

The Indictment alleges that on August 25, 2019, Little Hoop knowingly engaged in, and attempted to engage in, a sexual act with a child under the age of 12.

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

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.   

Little Hoop 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 Red Scaffold, South Dakota, man has been indicted by a federal grand jury for Second Degree Burglary and Sexual Abuse of a Person Incapable of Consent.

William Collins, age 39, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 2019, 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, a minimum of 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on March 23, 2019, Collins entered the residence of an individual and knowingly engaged in and attempted to engage in a sexual act with the 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 sexual act.

The charges are merely accusations and Collins 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.   

Collins 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.

Bradley Makes Room For Them, age 34, was indicted on October 17, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, 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.

Makes Room For Them was convicted of Aggravated Sexual Abuse in September 2003.  As a result of this conviction, he is required to register as sex offender.  It is alleged that between September 9, 2019, and September 29, 2019, Makes Room For Them, 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 Makes Room For Them 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.   

Makes Room For Them 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 Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Charles Olson, a/k/a Chip Olson, age 48, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in prison and/or a $5,000,000 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 between December 1, 2018, and October 16, 2019, Olson did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more methamphetamine. Further, on June 23, 2019, a traffic stop was conducted wherein 236 grams of methamphetamine was located in the vehicle.

The charge is merely an accusation and Olson 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 South Dakota Highway Patrol.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Olson 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 man and a woman from Parmelee, South Dakota, have been indicted by a federal grand jury for Child Abuse.  The man has also been indicted by a federal grand jury for Involuntary Manslaughter.

Dakota Horned Eagle, age 29, and Ashley Stoneman, age 25, were indicted on July 23, 2019.  Horned Eagle appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2019, and Stoneman appeared on October 25, 2019.  Both pled not guilty to the Indictment.

The maximum penalty upon conviction for Child Abuse is up to 15 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 maximum penalty upon conviction for Involuntary Manslaughter 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 July 12, 2019, Horned Eagle and Stoneman did abuse, expose, torture, torment, and cruelly punish six children. The Indictment further alleges that Horned Eagle unlawfully killed two of the children while operating a motor vehicle, in a grossly negligent manner.

The charges are merely accusations and Horned Eagle and Stoneman are presumed innocent until and unless proven guilty. 

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.   

Horned Eagle and Stoneman were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 17, 2019.

United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.

Alicia Medicine Eagle, age 39, was sentenced to time served equal to 114 days in custody, 3 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Medicine Eagle will also forfeit all interest in $340 which was seized at the time of arrest.

Medicine Eagle was indicted by a federal grand jury on March 13, 2019.  She pled guilty on July 22, 2019.

The conviction stemmed from an incident on October 14, 2016, where Medicine Eagle knowingly and intentionally possessed methamphetamine with the intent to distribute it to others on the Rosebud Sioux Tribe 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 Cook prosecuted the case.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 22, 2019, by U.S. District Judge Roberto A. Lange.

Cole Emery, age 25, was sentenced to 72 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Emery was indicted by a federal grand jury on December 11, 2018.  He pled guilty on July 31, 2019.

The conviction stemmed from an incident beginning at a time unknown but no later than on or about December 1, 2017, and continuing to on or about December 11, 2018, where Emery conspired with others to possess with intent to distribute 500 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.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding and Witness Tampering was sentenced on October 23, 2019, by U.S. District Judge Roberto A. Lange.

Edward Leon Wilson, a/k/a Eddie Wilson, age 37, was sentenced to 21 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 $125.

Wilson was indicted by a federal grand jury on October 16, 2018.  He pled guilty on July 31, 2019.

The conviction for Assault by Striking, Beating, and Wounding stemmed from an incident that occurred in Mission on September 16, 2018.  On that date, Wilson and the victim got into an argument at the residence they shared. The argument became physical and Wilson struck the victim.

The conviction for Witness Tampering stemmed from conduct that occurred after Wilson made his initial appearance in U.S. District Court.  Between December 2018 and June 2019, Wilson repeatedly contacted the victim and asked her to change her description of the September 16, 2018, incident and further asked that she to refuse to testify against him.    

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

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.

Francis Dog Soldier, age 37, was sentenced to 40 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.

Dog Soldier was indicted by a federal grand jury on September 11, 2018.  He pled guilty on July 22, 2019.

The conviction stemmed from an incident that occurred on the evening of May 4, 2018, in Rosebud, South Dakota.  On that date, Dog Soldier was drinking and socializing with a group of individuals at the victim’s residence.  At one point, Dog Soldier and the victim got into an argument.  Dog Soldier then assaulted the victim and kicked him multiple times in the chest and face with shod feet.  Dog Soldier then fled the area, and was apprehended a short time later by law enforcement near Okreek, South Dakota.

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

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault By Strangulation and Suffocation, Child Abuse, and Domestic Assault by an Habitual Offender.

Hunter Ritter, age 20, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on multiple occasions between June 12, 2019, and August 9, 2019, Ritter unlawfully committed domestic assaults against his intimate partner and that, at the time of the domestic assaults, Ritter had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.  The Indictment further alleges that on July 29, 2019, Ritter unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her, and further did abuse, expose, torture, torment, and cruelly punish a minor child. 

The charges are merely accusations and Ritter 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.   

Ritter 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 an Isabel, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.

Theodore Taylor, age 34, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, 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 August 17, 2019, Taylor disobeyed and resisted an order and command of the U.S. District Court, in that he failed to surrender and serve a sentence.

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

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

Taylor 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 an Eden, South Dakota, man convicted of felony child abuse and neglect of a child was sentenced on October 21, 2019, by U.S. District Judge Charles B. Kornmann.

Jeremiah Lynn Renville, Jr., age 39, was sentenced to 24 months in federal prison, followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Renville, Jr. was indicted for assault resulting in serious bodily injury of a child and felony child abuse and neglect of a child under seven years by a federal grand jury on October 10, 2018.  He pled guilty on May 2, 2019.

According to court filings, on February 13 and 14, 2018, Renville engaged in assaultive and abusive conduct toward a child under the age of three years. 

This case was investigated by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Renville will surrender to the U.S. Marshal’s Service in late December 2019, to begin serving his federal prison sentence.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.

Coren Clown, age 28, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 2019, 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, not less than 5 years, or up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 3, 2017, Clown knowingly engaged in and attempted to engage in a sexual act with an individual who was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual act.

The charge is merely an accusation and Clown 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.   

Clown 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 an Aberdeen, South Dakota, woman convicted of Theft of Government Funds was sentenced on October 21, 2019, by U.S. District Judge Charles B. Kornmann.

Brianna Breaw, a/k/a Stephanie Haupt, age 28, was sentenced to 20 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $58,244.95, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Breaw was indicted by a federal grand jury on July 10, 2018.  She pled guilty on July 29, 2019.

The conviction stemmed from incidents between on or about August 28, 2014, and November 28, 2017, when Breaw willfully and knowingly embezzled, stole, purloined, and converted to her own use money from departments or agencies of the United States, namely, Title XVI program benefits payments administered by the U.S. Social Security Administration (SSA), Supplemental Nutrition Assistance Program (SNAP) benefits payments funded by the U.S. Department of Agriculture, and Medicaid coverage funded in part by the U.S. Department of Health and Human Services. 

Breaw began receiving Title XVI supplemental security income program benefits payments (SSI), Medicaid benefits, and SNAP benefits under her former name, Stephanie Haupt, and her original social security number.  On August 28, 2014, Breaw was issued a new social security number.  However, due to an oversight, the SSA failed to transfer Breaw’s SSI record from her original social security number to her new social security number, so her SSI and Medicaid benefits continued to be linked to her original social security number. 

In approximately October 2015, Breaw legally changed her name to Brianna Breaw.  She contacted the SSA to update the name linked to her new social security number, but the new name was not linked to her original social security number.  This resulted in her new social security number being linked to Brianna Breaw, and her original social security number being linked to Stephanie Haupt.

Breaw knowingly received SSI benefits payments, Medicaid benefits, and SNAP benefits payments under her former name and original social security number, while at the same time she was working full-time under her new name and new social security number.  Breaw lied to SSA on multiple occasions regarding her social security numbers, her marital status, her employment status, and her income in order to continue to receive SSI benefits payments.  She also lied on her various SNAP applications, and at one point was receiving overlapping SNAP benefits from South Dakota, Iowa, and Illinois. 

This case was investigated by the Social Security Administration, Office of the Inspector General.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Breaw was permitted to turn herself in to the custody of the U.S. Marshals Service on or before January 14, 2020.

United States Attorney Ron Parsons announced that Marques Smith, a/k/a CC, age 37, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine as a result of a 3-day federal jury trial in Pierre, South Dakota. 

The charge carries a maximum penalty of at least 10 years up to life in federal prison and/or a $10,000,000 fine, at least 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.   

Smith was indicted on March 12, 2019, and a Superseding Indictment was filed on October 16, 2019. 

Beginning no later than January 1, 2011, and continuing to October 11, 2017, Smith knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine.  The trial testimony showed the conspiracy involved distributing methamphetamine in Sioux Falls and on the Crow Creek, Lower Brule, and Rosebud Sioux Indian Reservations.  Smith and his co-conspirators traveled to Kansas City, Missouri; Colorado Springs, Colorado; Minneapolis, Minnesota; and Grand Island, Nebraska, to acquire methamphetamine, which would be distributed in South Dakota.      

This case was investigated by the Bureau of Indian Affairs - Division of Drug Enforcement, the South Dakota Highway Patrol, the Rosebud Sioux Tribe Law Enforcement Services, the Sioux Falls Police Department, the Minnehaha County Sherriff’s Office, the Pierre Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

A sentencing date has not been set.  Smith was immediately remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that Juan Porcayo, age 48, of Yuba City, California, was found guilty of Conspiracy to Distribute 500 grams or more of Methamphetamine as a result of a federal jury trial in Rapid City, South Dakota.  The trial began Monday, October 21 and concluded Tuesday, October 22.  Porcayo was originally indicted by a federal grand jury on September 19, 2017.  

The charge carries a mandatory minimum sentence of 10 years and a maximum penalty of life in custody and/or a $10,000,000 fine, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Porcayo was a supplier of methamphetamine in California.  He provided multiple pounds of methamphetamine to people who transported it back to South Dakota for distribution.  Several co-conspirators have pled guilty.

This case was investigated by the Homeland Security Investigations, the Pennington County Sheriff’s Office, and the Unified Narcotics Enforcement Team.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.  

A presentence investigation was ordered.  Sentencing is scheduled for February 28, 2020.  The defendant was remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS – The Department of Justice announced it has awarded more than $85.3 million to bolster school security — including funding to educate and train students and faculty — and support first responders who arrive on the scene of a school shooting or other violent incident.

“These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive,’ said Attorney General William P. Barr. “By training faculty, students and first responders, and by improving school security measures, we can make schools and their communities safer.”

The 2018 STOP School Violence Act authorized the Department of Justice to create a series of grant award programs under a School Violence Prevention Program. This year, the Department made 215 awards to schools, districts and other jurisdictions throughout the United States.  

The South Dakota Department of Public Safety was awarded grants for the following: $500,000 for School Violence Technology and Threat Assessment Solutions for Safer Schools Program, $998,240 for a State School Safety Center, and a $500,000 for a School Violence Prevention and Mental Health Training Program.

“The Department of Justice is committed to school safety,” said U.S. Attorney Ron Parsons. “These new federal grants will help to secure our schools and keep our children protected and safe.”

Additionally, the Department of Justice Office of Community Oriented Policing Services (COPS) awarded the South Dakota Attorney General’s office $714,268 as part of the COPS Anti-Heroin Task Force Program Awards.

“We are also pleased to announce this substantial new grant to help our drug task forces combat the opioid crisis,” continued U.S. Attorney Parsons.  “Every life is precious.  This new funding will help us dismantle drug trafficking organizations and relieve the misery they inflict on our communities.”

The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:

• Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
• Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
• Train law enforcement to help deter student violence against others and themselves;
• Improve notification to first responders through implementation of technology that expedites emergency notifications;
• Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
• Train school officials to intervene when mentally ill individuals threaten school safety; and
• Provide training and technical assistance to schools and other awardees in helping implement these programs.

More details about these individual award programs, as well as listings of individual 2019 awardees, can be found here. 

About the Office of Justice Programs:

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.

About the Office of Community Oriented Policing Services:

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.

United States Attorney Ron Parsons announced that two Lower Brule, South Dakota, men convicted of Assault by Striking, Beating, or Wounding were sentenced by U.S. Magistrate Judge Mark A. Moreno.

Carlton Felicia, age 20, was sentenced on October 15, 2019, and Grant Whitney, age 21, previously sentenced on September 9, 2019, were both sentenced to 2 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Felicia and Whitney were indicted by a federal grand jury on February 13, 2019.  Felicia pled guilty on October 15, 2019, and Whitney pled guilty on July 19, 2019.

The convictions stemmed from an incident on July 1, 2018, when Felicia and Whitney were socializing with an individual and at some point in the evening, an argument began between the three of them.  Felicia and Whitney struck and beat the victim about the head and face.

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

Felicia and Whitney were both released following their sentencing hearings to begin serving their terms of probation.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.

Victoria Smashed Ice, age 27, was sentenced to 27 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.

Smashed Ice was indicted by a federal grand jury on May 14, 2019.  She pled guilty on July 22, 2019.

The conviction stemmed from an incident that occurred in Rosebud on April 1, 2019, wherein Smashed Ice repeatedly kicked a child, while wearing cowboy boots.

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

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

United States Attorney Ron Parsons announced that a Bismarck, North Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.

Melissa Rose Decoteau, a/k/a Melissa Rose Bobtail Bear, age 34, was indicted on July 16, 2019.  She appeared before U.S. Magistrate Judge William D. Gerdes on October 16, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in federal prison and/or a $5,000,000 fine, 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 March 1, 2018, and continuing to June 17, 2018, Decoteau, knowingly and intentionally, combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 50 grams or more of methamphetamine.

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

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

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

SIOUX FALLS – The Department of Justice announced today that it has awarded over $273.4 million in grants to improve public safety, serve victims of crime, combat violence against women and support youth programs in American Indian and Alaska Native communities.

“Violent crime and domestic abuse in American Indian and Alaska Native communities remain at unacceptably high levels, and they demand a response that is both clear and comprehensive,” said Attorney General William P. Barr. “We will continue to work closely with our tribal partners to guarantee they have the resources they need to curb violence and bring healing to the victims most profoundly affected by it.”  

Five Tribes in the District of South Dakota were awarded $3,740,989 in funding for various programs.  The Cheyenne River Sioux Tribe received $450,000 in funding for the Violence Against Women Tribal Governments Program; the Flandreau Santee Sioux Tribe received $716,968 for the Tribal Victim Services Program; the Oglala Sioux Tribe received $738,871, of which $449,318 is for the Violence Against Women Tribal Governments Program, and $289,553 is for the Children’s Justice Act Partnerships for Indian Communities; the Rosebud Sioux Tribe received $1,508,794, of which $792,134 is for the Public Safety and Community Policing program, and $716,660 is for the Justice Systems and Alcohol and Substance Abuse program; and the Yankton Sioux Tribe received $326,356 for Children’s Justice Act Partnerships for Indian Communities.

“These DOJ grants for additional public safety funding are supplemental to existing funding levels sustained through the Bureau of Indian Affairs,” said U.S. Attorney Parsons.  “It is our hope that they will help bridge the gap for these Tribal governments and go a long way toward making every community in South Dakota as safe as it can possibly be.”

Nationwide, 236 grants were awarded to 149 American Indian tribes, Alaska Native villages and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $118 million awarded via CTAS, just over $62.6 million comes from the Office of Justice Programs, about $33.1 million from the Office on Violence Against Women and more than $23.2 million from the Office of Community Oriented Policing Services. A portion of the funding will support tribal youth mentoring and intervention services, help native communities implement requirements of the Sex Offender Registration and Notification Act, and provide training and technical assistance to tribal communities. Another $5.5 million was funded by OJP’s Bureau of Justice Assistance to provide training and technical assistance to CTAS awardees.

The Department also announced awards and other programming totaling $167.2 million in a set-aside program to serve victims of crime. The awards are intended to help tribes develop, expand and improve services to victims by supporting programming and technical assistance. About $25.6 million of these awards were awarded under CTAS and are included in the $118 million detailed above.

CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs. The awards cover 10 purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; violent crime reduction; and tribal youth programs.

The Department also provided $6.1 million to help tribes to comply with federal law on sex offender registration and notification, $1.7 million in separate funding to assist tribal youth and nearly $500,000 to support tribal research on missing and murdered indigenous women and children and other public safety-related topics.

Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.

A listing of today’s announced CTAS awards is available at: https://www.justice.gov/tribal/awards. A listing of all other announced tribal awards are available at: https://go.usa.gov/xVJuE.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman has been indicted by a federal grand jury for Bank Fraud and Theft or Receipt of Stolen Mail Matter.

Tessa Crawford, age 23, was indicted on October 8, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on October 15, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that beginning on or about November 8, 2017, and continuing through on or about February 14, 2018, Crawford, along with others, knowingly executed and attempted to execute a scheme and artifice to defraud several banks and to obtain money, funds, credits, assets, securities, and other property owned by, and under the custody and control of, the banks.  More specifically, Crawford altered checks drawn on the accounts of various individuals and then negotiated said checks for her own purpose and benefit.  Crawford also recruited others to negotiate the checks on her behalf.

The Indictment also alleges that Crawford stole, took and abstracted, and attempted to steal, take and abstract letters, postal cards, packages, bags, and mail out of mail boxes, mail receptacles, and other authorized mail depositories, and embezzled and destroyed such letters, postal cards, packages, bags, and mail and articles and things contained therein, namely envelopes containing multiple checks that did not belong to her.

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

The investigation is being conducted by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Transportation of Child Pornography and Distribution and Receipt of Child Pornography.

Enoch Fields, age 38, was indicted on September 4, 2019.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 11, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 28, 2018, and March 20, 2019, Fields knowingly transported child pornography using a Google Photos account via the internet.

The Indictment also alleges that between May 31, 2019, and June 18, 2019, Fields also knowingly received and distributed, and attempted to receive and distribute, child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including a computer.  

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

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

Fields was released on bond pending trial, which has not been set.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.  

Austin Bennett, age 22, was charged on September 10, 2019.  Bennett appeared before U.S. Magistrate Judge Daneta Wollmann on October 11, 2019, and pleaded not guilty to the charge.  The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge relates to Bennett, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in July 2019 at Rapid City.  The charge is merely an accusation and Bennett 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.

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

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

United States Attorney Ron Parsons announced that a Brookings, South Dakota, man has been indicted by a federal grand jury for Distribution and Receipt of Child Pornography.

Tyler Powers, age 25, was indicted on October 8, 2019.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 11, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about May 30, 2019, Powers knowingly received and distributed, and attempted to receive and distribute, child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce, using a computer.  

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

The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Powers was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 17, 2019.

United States Attorney Ron Parsons announced that Michael Wayne Cooper, age 57, of Sioux Falls, South Dakota, was found guilty by a federal jury of one count of Distribution of a Controlled Substance Resulting in Serious Bodily Injury and one count of Conspiracy to Distribute a Controlled Substance.  U.S. District Judge Karen E. Schreier presided over the four-day trial held at the federal courthouse in downtown Sioux Falls.

The convictions carry with them a mandatory minimum sentence of 20 years in federal prison, up to a maximum of life, and/or a $1 million to $10 million fine, a minimum of five years up to life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

“Those who seek to profit from the suffering of others by dealing drugs in South Dakota will be held accountable for the damage they inflict,” said U.S. Attorney Parsons.

According to the evidence presented at trial, Cooper knowingly and intentionally distributed a controlled substance, namely fentanyl, resulting in the serious bodily injury of a victim in Sioux Falls, who overdosed on the fentanyl sold to him.  The overdose victim was revived by first responders with two doses of Naloxone, commonly known as Narcan, which prevented his death.

The evidence at trial further demonstrated that Cooper had been involved in an ongoing conspiracy in Sioux Falls to illegally distribute hydromorphone (commonly known as Dilaudid), a Schedule II controlled substance, from about the beginning of 2015 through August 2018.

“The increasing prevalence of killer opioids like fentanyl, which we have found in everything from heroin to synthetic marijuana products and expertly manufactured imitation prescription pills, is an imminent threat to human life,” said U.S. Attorney Parsons.  “Anyone who illegally obtains drugs cannot possibly know what the substance they receive actually contains.  We must warn and educate everyone, especially our children, that no drug offered to you by friends, acquaintances, or dealers can be trusted.  You are literally playing Russian roulette with your life when you ingest something.”

This case was investigated by the Drug Enforcement Administration, Sioux Falls Police Department, and Sioux Falls Area Drug Task Force.  Special Assistant U.S. Attorney Tamara Nash and Assistant U.S. Attorney Connie Larson are prosecuting the case.  

Following the jury’s verdict, Cooper was immediately remanded to the custody of the U.S. Marshals Service.  After a presentence investigation, Cooper will be sentenced on December 30, 2019. 

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender, Child Abuse, and Assaulting, Resisting, and Impeding a Federal Officer.

Adrian Hawkman, age 35, was indicted on June 11, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 8, 2019, 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 February 23, 2019, in Todd County, South Dakota, Hawkman unlawfully committed a domestic assault against a spouse or intimate partner and, at the time of the domestic assault, Hawkman had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.  The Indictment further alleges that at the same time and place, Hawkman did abuse, expose, torture, torment, and cruelly punish a child who had not attained the age of eighteen.  The Indictment further alleges that on February 24, 2019, Hawkman did forcibly assault, oppose, impede, intimidate, and interfere with a corrections officer who was employed by the Rosebud Sioux Tribe, and that such conduct involved physical contact.

The charges are merely accusations and Hawkman 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.   

Hawkman 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 man from South Africa was sentenced to time served on October 4, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.  He previously pled guilty to Transportation of Obscene Matter.

Andries Snyman, age 45, was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting internet predators.  Following several chats and texts with a person Snyman believed to be a 14 year-old boy, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet to have sex.  Additionally, Snyman asked for details about parts of the boy’s physical appearance, which constituted an obscene and lewd writing. When Snyman went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office.

Assistant U.S. Attorney Sarah Collins prosecuted the case. 

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.

Bernard Young, age 58, was sentenced to 18 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.

Young was indicted by a federal grand jury on June 11, 2019.  He pled guilty on July 22, 2019.

Young was convicted of Aggravated Sexual Abuse in April 2002.  As a result of this conviction, he is required to register as a sex offender for his natural life.  Young failed to update his registration between March 25, 2019, and April 24, 2019.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.

Jason Kimmel, Sr., age 38, was sentenced to 24 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.

Kimmel was indicted by a federal grand jury on June 11, 2019.  He pled guilty on July 23, 2019.

Kimmel was convicted of Sexual Abuse of a Minor in 2005.  As a result of this conviction, he is required to register as a sex offender for his natural lifetime.  Between March 25, 2019, and April 24, 2019, Kimmel, failed to properly register and update his registration.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.

Michael Anthony Toledo, age 39, was sentenced to 4 months in federal prison, followed by 4 months home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Toledo was indicted by a federal grand jury on March 12, 2019.  He pled guilty on July 22, 2019.

The conviction stemmed from an incident that occurred on April 18, 2017, when Toledo did forcibly assault and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, when Toledo repeatedly spat upon the officer while being arrested.

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

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.

Jesse James Leader Charge, age 24, was sentenced to 27 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.

Leader Charge was indicted by a federal grand jury on January 23, 2019.  He pled guilty on July 15, 2019.

The conviction stemmed from an incident that occurred on January 1, 2017, in Fairground Housing in Rosebud.  On that date, Leader Charge was consuming alcoholic beverages and socializing with the 15-year-old victim at her house, unbeknownst to the adults at the house.  The victim was found unconscious, and Leader Charge was found squatting over the victim’s body with his hand between her thighs. He stood up and left the house when an adult came into the room and told him to leave.

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

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

United States Attorney Ron Parsons announced that a Pierre, South Dakota, couple convicted of Conspiracy to Distribute a Controlled Substance were sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.

Jacob Seibel, age 36, was sentenced to 13 months in federal prison, followed by 4 years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Christa Seibel, age 22, was sentenced to 4 months in federal prison, 4 months of home confinement, 3 years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Jacob and Christa were indicted by a federal grand jury on March 12, 2019.  Jacob pled guilty on July 22, 2019. Christa pled guilty on July 31, 2019.

The conviction stemmed from a conspiracy that occurred between September 1, 2018, and September 5, 2018, wherein Jacob and Christa knowingly and intentionally conspired with others to distribute and possess with the intent to distribute fentanyl, a Schedule II controlled substance.  The fentanyl distribution resulted in an individual using the fentanyl and needing emergency medical care, including two doses of Narcan.

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

Both defendants were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 8, 2019, by U.S. District Judge Roberto A. Lange.

Adrian Fast Dog, age 40, was sentenced to 22 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.

Fast Dog was indicted by a federal grand jury on July 16, 2019.  He pled guilty on July 31, 2019.

The conviction stemmed from an incident that occurred between February 1, 2019, and April 9, 2019, when Fast Dog failed to register as a sex offender and update his sex offender registration as required.

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

Fast Dog 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, man convicted of Resisting and Impeding a Federal Officer was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.

Vincent Battese, age 33, was sentenced to 12 months in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Battese was indicted by a federal grand jury on October 16, 2018.  He pled guilty on July 16, 2019.

The conviction stemmed from an incident on October 5, 2018, when law enforcement went to a known address of Battese, who had an outstanding warrant, and observed Battese in a pickup truck driving from the tree line near the residence.  When Battese saw law enforcement, a pursuit ensued and Battese sped away reaching speeds of 80 mph on gravel roads.  When Battese attempted to take the vehicle off the road, the pickup became stuck in a ditch and Battese was ultimately apprehended. 

This case was investigated by the Bureau of Indian Affairs - Lower Brule Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Ron Parsons announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Daniel Bull Bear, age 29, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction for each charge is 10 years in prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Bull Bear using a metal stand to assault a female near Allen on January 6, 2019.  This assault resulted in serious bodily injury to the female.

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services.  Assistant U.S. Attorney Heather Sazama is prosecuting the case.

Bull Bear was released on bond pending trial.  A trial date has been set for December 10, 2019.

United States Attorney Ron Parsons announced that a Jordan, Minnesota, man convicted of Attempted Enticement of a Minor Using the Internet and Receipt of Child Pornography was sentenced on October 2, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Rodney Allen Buetow, age 36, was sentenced to 20 years in federal prison, followed by 10 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

The conviction stemmed from Buetow communicating with someone he believed to be a 14-year-old girl for the purpose of engaging in sexual acts.  Buetow drove from Minnesota to Rapid City to meet the 14-year-old and was arrested at a pre-arranged meeting location.  Buetow was also found to possess child pornography videos and images on his cellular phone.

The investigation was conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah Collins prosecuted the case.

Buetow was immediately remanded 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 Distribute a Controlled Substance was sentenced on October 7, 2019, by U.S. District Judge Roberto A. Lange.

Alisha Flute, age 21, was sentenced to 72 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.

Flute was indicted by a federal grand jury on September 11, 2018.  She pled guilty on May 14, 2019.

The conviction stemmed from a drug conspiracy that began at a time unknown, but no later than December 1, 2015, and continuing to November 14, 2018, where Flute knowingly and intentionally conspired with others to distribute and possess with the intent to distribute over 500 grams of methamphetamine, a Schedule II controlled substance, on the Crow Creek and Lower Brule reservations in South Dakota. The methamphetamine was supplied by Frank “Tank” Adams from St. Paul, Minnesota. Adams was convicted of Conspiracy to Distribute a Controlled Substance at a federal jury trial in August and will be sentenced in November.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, Federal Bureau of Investigation, Bureau of Indian Affairs - Crow Creek Agency, Bureau of Indian Affairs - Lower Brule Agency, South Dakota Highway Patrol, and the Pierre Police Department.  Assistant U.S. Attorney Meghan N. Dilges.

Flute 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 convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Joseph Laroche, age 36, was sentenced on October 1, 2019, to 4 years and 9 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 conviction stems from Laroche, a previously convicted felon prohibited from possessing firearms, knowingly possessing a Jimenez Arms, model J.A. Nine .9x19mm Luger caliber, semi-automatic pistol, which was found in Laroche’s vehicle during a traffic stop in Rapid City on November 22, 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.

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

Laroche 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 convicted of Attempted Receipt of Child Pornography was sentenced on October 1, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Patrick Hirl Adkins, age 49, was sentenced to 5 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.

The conviction stemmed from Adkins communicating with someone he believed to be a 14-year-old girl for the purpose of engaging in sexual acts, and requesting that the minor send pornographic images to Adkins.

The investigation was conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah Collins prosecuted the case.

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