FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Sentenced for Voluntary Manslaughter, Discharging a Firearm During a Crime of Violence, and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Voluntary Manslaughter, Discharging a Firearm During and in Relation to a Crime of Violence, and Child Abuse was sentenced on September 3, 2019, by U.S. District Judge Roberto A. Lange.
Dee Hawk Moran, age 23, was sentenced to a total of 156 months in federal prison. He was sentenced to 36 months in federal prison for Voluntary Manslaughter and 18 months in federal prison for Child Abuse, with such sentences to be served concurrently, followed by 3 years of supervised release. He was also sentenced to 120 months in federal prison for Discharging a Firearm During and in relation to a Crime of Violence, with such sentence to be served consecutively to the other sentences. Moran was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $300.
The convictions for Voluntary Manslaughter and Discharging a Firearm During and in Relation to a Crime of Violence stemmed from an incident that occurred in the early morning hours of November 11, 2017. On that date, Moran was at a house party in Eagle Butte, where the victim was also present. At approximately 3:00 A.M, the victim was in the garage and got into an argument with another man, who was also attending the party. The victim took off his jacket and punched the man in the face. Moran, who was nearby, then produced a .22 caliber pistol and fired multiple shots at the victim, mortally wounding him. Moran was indicted by a federal grand jury on November 14, 2017. He pled guilty on May 20, 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 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.
The conviction for Child Abuse stemmed from conduct that occurred in 2015 and 2017. Between September 1, 2015, and June 16, 2017, Moran cruelly exposed, tortured, tormented, and cruelly punished a child who had not attained the age of eighteen. Moran was indicted by a federal grand jury on January 23, 2019. He pled guilty on May 20, 2019.
These cases were investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the cases.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicated on Assault 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 Assault Resulting in Serious Bodily Injury and Assault with a Dangerous Weapon.
Oscar Lance Whiteman, age 31, was indicted on September 4, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 5, 2019, 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 June 28, 2019, Whiteman assaulted a female, which resulted in serious bodily injury, and on August 11, 2019, Whiteman assaulted that same female and a male, which also resulted in serious bodily injury to both victims. The Indictment further alleges that Whiteman assaulted the male victim with a dangerous weapon, that is, shod feet.
The charges are merely accusations and Whiteman 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 Cameron J. Cook is prosecuting the case.
Whiteman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 26, 2019, by U.S. District Judge Roberto A. Lange.
Justin Covey, a/k/a Justin Night Shield, age 19, 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.
Covey was indicted by a federal grand jury on December 11, 2018. He pled guilty on May 29, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Covey knowingly and intentionally conspired with his co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. At the time of his arrest, law enforcement recovered 256 grams of methamphetamine, scales, baggies, and other drug trafficking items.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Covey was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 27, 2019, by U.S. District Judge Roberto A. Lange.
Damon Clyde Has Horns, age 38, was sentenced to 30 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.
Has Horns was indicted by a federal grand jury on March 12, 2019. He pled guilty on July 23, 2019.
Has Horns was convicted of Aggravated Assault in March 2001. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between December 3, 2018, and March 12, 2019, Has Horns failed to properly register as a sex offender and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Has Horns was immediately turned over to the custody of the U.S. Marshals Service.
Norris Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Norris, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on August 27, 2019, by U.S. District Judge Roberto A. Lange.
Michael Bettelyoun, age 26, was sentenced to 120 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.
Bettelyoun was indicted by a federal grand jury on December 11, 2018. He pled guilty on May 29, 2019.
The conviction stemmed from a conspiracy to distribute methamphetamine from 2017 through 2018, wherein Bettelyoun conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota.
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.
Bettelyoun was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Mobridge, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on August 26, 2019, by U.S. District Judge Charles B. Kornmann.
Waylon Laframboise, age 41, was sentenced to 70 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.
Laframboise was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 14, 2019.
The conviction stemmed from a conspiracy to distribute methamphetamine from February 2014 through January 2015, wherein Laframboise conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine in central South Dakota.
This case was investigated by the Mobridge Police Department and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Laframboise was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced on Meth and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person, was sentenced on August 26, 2019, by U.S. District Judge Roberto A. Lange.
Micole Lynn Menard, age 36, was sentenced to 132 months in federal prison, followed by 5 years of supervised release for the conspiracy conviction. She was sentenced to 120 months in federal prison, followed by 3 years of supervised release for the firearm conviction. The sentences will be served concurrently. In addition, Menard was ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Menard was indicted by a federal grand jury on August 13, 2018. She pled guilty on May 2, 2019.
The conviction stemmed from a conspiracy that occurred between October 1, 2016, and January 31, 2017, in which Menard and co-defendant Walter Wright, knowingly and intentionally conspired with others to distribute and possess with the intent to distribute between 1.5 kilograms and 5 kilograms of methamphetamine. Further, on January 18, 2017, during the execution of a search warrant at their home, 267 grams of methamphetamine and other drug paraphilia were seized from the home along with four firearms. Menard, being an unlawful user of and addicted to a controlled substance, did knowingly illegally possess those firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Menard was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Conspiracy to Distribute Methamphetamine and Possession of a HandgunRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime was sentenced on August 27, 2019, by U.S. District Judge Roberto A. Lange.
Arlene Siers, age 30, was sentenced to a total of 240 months in federal prison. She was sentenced to 180 months in federal prison, followed by 10 years of supervised release, for the conspiracy conviction. She was sentenced to 60 months in federal prison, followed by 2 years of supervised release, on the firearm conviction. The prison terms will be served consecutively and the supervised release terms will be served concurrently. Siers was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Siers was indicted by a federal grand jury on January 23, 2019. She pled guilty on May 29, 2019
The conviction stemmed from a conspiracy beginning at some point before January 1, 2015, and continuing through January 23, 2019, wherein Siers, knowingly and intentionally, combined, conspired, confederated, and agreed with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota. Further, on August 31, 2018, Siers possessed a loaded handgun, which she used in furtherance of her efforts to distribute methamphetamine.
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 Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Siers was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced to Federal Prison for Second Degree Murder of SonRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Second Degree Murder was sentenced on August 26, 2019, by U.S. District Jude Charles B. Kornmann.
Kenneth William Chase, age 32, was sentenced to 210 months in federal prison, to be followed by 4 years of supervised release. He was ordered to pay $100 to the Federal Crime Victims Fund.
According to court documents, the murder took place in Chase’s and the victim’s residence in Corson County on April 5 or 6, 2018. Chase committed the murder upon a minor victim, his infant son, by inflicting traumatic head injuries to the victim.
The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Office of Justice Services, and the Standing Rock Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Chase was remanded to the custody of the U.S. Marshals Service.
Federal Jury Finds Kyle Man Guilty of Drug Conspiracy and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that Brendon Janis, age 34, of Kyle, South Dakota, was found guilty of Conspiracy to Distribute 500 grams or more of Methamphetamine and Prohibited Person in Possession of a Firearm, as a result of a federal jury trial in Rapid City, South Dakota. The trial began Monday, August 26 and concluded Thursday, August 29, 2019. Janis was originally indicted by a federal grand jury on May 23, 2017.
The charges carry a mandatory minimum penalty of 10 years in custody up to life in custody and/or a $10,000,000 fine, 5 years up to life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Janis was a participant in a drug conspiracy that was transporting methamphetamine from California to South Dakota. Once the methamphetamine arrived in South Dakota, Janis distributed it to others in the area of Kyle, on the Pine Ridge Reservation. Janis was himself a drug user. Law enforcement executed a search warrant at his residence on April 10, 2017. They located numerous firearms, 18 grams of methamphetamine, and copious items related to the use and distribution of methamphetamine.
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 Badlands Safe Trails Task Force, which includes law enforcement from the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Drug Division, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Kathryn N. Rich and Gina Nelson prosecuted the case. Several co-conspirators have pled guilty, and two more await trial.
A presentence investigation was ordered. A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 26, 2019, by U.S. District Judge Roberto A. Lange.
Michael Heideman, age 44, was sentenced to 16 years 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.
Heideman was indicted by a federal grand jury on November 14, 2017. He pled guilty on May 29, 2019.
The conviction stems from a conspiracy that started immediately following Heideman’s release from state prison, following a drug conviction in March of 2017. It was discovered that Heideman and his co-defendant, Sierra Bridwell, were receiving distributable quantities of methamphetamine from Colorado and distributing that methamphetamine in South Dakota, on the Cheyenne River Indian Reservation.
As part of the investigation a search warrant was conducted at the defendant’s home, in which 384 grams of methamphetamine was recovered.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Heideman was immediately turned over to the custody of the U.S. Marshals Service.
Washington Man Indicted on Cocaine and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Spokane, Washington, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Jamecus Lushawn Hodges, age 40, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 8, 2018, in Brule County, South Dakota, Hodges knowingly and intentionally possessed with the intent to distribute cocaine, a Schedule II controlled substance, and having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly receive and possess a firearm. The charges are merely accusations and Hodges is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the South Dakota Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Hodges was released pending trial. A trial date has not been set.
St. Francis Man Charged with Assaulting a Federal Officer and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, and Child Abuse.
Cameron Fanning, age 21, was indicted on August 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 25, 2019, in Todd County, South Dakota, Fanning did forcibly assault, oppose, impede, intimidate, and interfere with two law enforcement officers who were employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon. The indictment further alleges that at the same time and place, Fanning did abuse, expose, torture, torment, and cruelly punish a child who had not attained the age of seven.
The charges are merely accusations and Fanning is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Fanning was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Charged with Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.
Tevin Lapointe, age 25, was indicted on August 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 17, 2019, in Rosebud, Lapointe unlawfully entered the Rosebud Sioux Tribe Employment and Contracting Rights Office and stole property valued over $1,000.
The charges are merely accusations and Lapointe 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.
Lapointe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mitchell Man Charged with Felon in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Firearm.
David Edward Petersdorf, age 50, was indicted on August 6, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 14, 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 or about May 7, 2019, Petersdorf, knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a 9mm caliber semi-automatic handgun which had been shipped and transported in interstate commerce.
The charge is merely an accusation and Petersdorf 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 the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Tamara Nash is prosecuting the case.
Petersdorf was released on bond pending trial, which has been set for October 22, 2019.
Fort Thompson Man Charged with Involuntary ManslaughterRead 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 Involuntary Manslaughter.
Antoine Medicine Crow, Jr., age 37, was indicted on August 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2019, 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 April 26, 2019, Medicine Crow unlawfully killed a human being by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Medicine Crow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Bureau of Indian Affairs, Crow Creek Agency, and the South Dakota Highway Patrol. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Medicine Crow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Edgemont Man Indicted for Sexual Exploitation of MinorsRead the Press Release
United States Attorney Ron Parsons announced that an Edgemont, South Dakota, man was charged in federal district court with Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.
Francis James Kistler, age 60, was charged on August 13, 2019. Kistler appeared before U.S. Magistrate Judge Daneta Wollmann on August 19, 2019, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 years in federal prison and/or a $250,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Kistler, an Edgemont police officer, sexually exploiting two underage females between January 2019 and July 2019. The charges are merely an accusation and Kistler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Kistler was detained pending trial. A trial date has not been set.
Wagner Man Sentenced to 35 years for Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man convicted of two counts of Aggravated Sexual Abuse of a Child was sentenced on August 19, 2019, by U.S. District Judge Karen E. Schreier.
Jeremy Aungie, age 33, was sentenced to 35 years in federal prison on each count to run concurrently, 5 years of supervised release on each count to run concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Aungie was indicted by a federal grand jury on June 6, 2018. He was found guilty as a result of a federal jury trial in Sioux Falls on June 6, 2019.
The conviction stemmed from Aungie's repeated sexual abuse of a juvenile female from the time she was 8 years old until she was 13 years old. The sexual abuse was often accompanied by physical abuse such as hitting, slapping, pulling of hair, and choking.
This case was investigated by Yankton Sioux Tribal Law Enforcement, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Aungie was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Man Found Guilty on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that Frank Edward Adams, a/k/a Tank Adams, age 45, of St. Paul, Minnesota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a four-day federal jury trial in Pierre, South Dakota.
The conviction carries a mandatory minimum of 10 years, or up to life in federal prison, and/or a $10,000,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Adams was indicted by a federal grand jury on November 14, 2018.
The jury found that from December 1, 2015 until November 14, 2018, Adams had knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and possess with the intent to distribute over 500 grams of methamphetamine, which is a Schedule II controlled substance, on the Crow Creek and Lower Brule reservations in South Dakota.
Evidence at trial established that Adams was the nucleus of a large drug trafficking conspiracy that involved well over 500 grams of methamphetamine. Adams, of St. Paul, Minnesota, supplied large quantities of methamphetamine several times a month to the Crow Creek and Lower Brule reservations in South Dakota. Adams employed several dealers on both reservations. Evidence at trial included audio calls, correspondence, drug ledgers, text messages and methamphetamine recovered during a traffic stop and a separate search of a residence.
“This Defendant specifically targeted Native American communities,” said U.S. Attorney Parsons. “We are gratified by the jury’s verdict in this case and thank law enforcement officers for their combined efforts on behalf of all South Dakotans to help expose this methamphetamine epidemic.”
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs, Crow Creek Agency, the Bureau of Indian Affairs, Lower Brule Agency, the South Dakota Highway Patrol, the Pierre Police Department, and the Minnesota State Patrol. Assistant U.S. Attorney Meghan N. Dilges and Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for November 18, 2019. The defendant was remanded to the custody of the U.S. Marshals Service.
Kyle Man Sentenced to 25 years for Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Second Degree Murder was sentenced on August 20, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jamie Shoulders, age 27, was sentenced to 25 years in federal prison, followed by 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and ordered to pay restitution in the amount of $27,615.12. Shoulders was indicted by a federal grand jury on June 14, 2017. He pled guilty to Second Degree Murder on March 1, 2019.
The conviction stemmed from a homicide that occurred on May 27, 2017, on the Pine Ridge Reservation. Throughout the day on May 27, 2017, Jamie Shoulders and Clarence Yellow Hawk, a/k/a “Whodi”, were with Scott Benson. During the mid-afternoon, Yellow Hawk and Shoulders traveled with Benson to meet with Christopher “Chris” Janis and another person. Benson drove his vehicle, Yellow Hawk rode in the front passenger seat, and Shoulders rode in the back seat. Benson parked his vehicle at a driveway approach approximately two miles north of Sharps Corner. Upon arriving, Benson exited the driver’s seat and entered the back seat of the minivan occupied by Chris Janis (driver’s seat) and his passenger. While Benson was in the minivan, Shoulders took a handgun from the car and walked to the minivan’s driver-door window, by Janis. Shoulders shot Chris Janis through the window using the handgun, which broke the glass, and then fired at least one additional shot at him. As shots rang out, Benson and the passenger began fleeing the minivan. Yellow Hawk exited Benson’s vehicle, approached the minivan and picked up the handgun Shoulders dropped, and shot Janis several additional times. Chris Janis died from his multiple gunshot wounds. Yellow Hawk and Shoulders fired at least seven rounds at Janis.
Benson, Yellow Hawk, and Shoulders returned to their vehicle. Benson initially drove south towards Sharps Corner, then around the area before returning to another person’s house, where Yellow Hawk, Shoulders and Benson split up. During the drive, Yellow Hawk threw the firearm out the window, which was later recovered by law enforcement.
Co-defendant Scott Benson was sentenced on May 24, 2018, to 10 years in federal prison. Co-defendant Clarence Yellow Hawk was found guilty of First Degree Murder by a federal jury on May 3, 2019, and awaits sentencing.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Kathryn N. Rich and Gregg Peterman prosecuted the case.
Shoulders was immediately turned over to the custody of the U.S. Marshals Service.
Eleven Local Men Arrested in Sex Trafficking OperationRead the Press Release
United States Attorney Ron Parsons announced that the Division of Criminal Investigation (DCI), the South Dakota Internet Crimes Against Children Task Force, and U.S. Homeland Security Investigations (HSI) conducted a joint sex trafficking operation during the 2019 Sturgis Motorcycle Rally. The operation began on August 2, 2019, and continued through August 8, 2019.
As a result, the following eleven men from western South Dakota were arrested:
Jonathon Andrew Whitney, 32, Rapid City - Attempted Enticement of a Minor Using the Internet
Jeric Michael Davis, 28, Rapid City - Attempted Enticement of a Minor Using the Internet
Stanley Lee Lumbardy, 68, Spearfish - Attempted Enticement of a Minor Using the Internet
Kenneth R Williamson, 51, Rapid City - Attempted Enticement of a Minor Using the Internet
Sean Russell Gertsch, 27, Sturgis - Attempted Enticement of a Minor Using the Internet
Hugo Ruperto Duque, 39, Rapid City - Attempted Enticement of a Minor Using the Internet
Japher Y. Rajab, 41, Rapid City - Attempted Enticement of a Minor Using the Internet
Greydon Scott Shangreaux, 23, White River - Attempted Enticement of a Minor Using the Internet
Justin Oliver Westby, 45, Wall - Attempted Enticement of a Minor Using the Internet
Brennan John Hauk, 40, Rapid City - Attempted Enticement of a Minor Using the Internet
Josef Martin Pettit, 23, Piedmont - Attempted Enticement of a Minor Using the Internet
The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years up to life in federal prison; any term of years, not less than 5, up to lifetime supervised release; $100 to the Federal Crime Victims Fund; and a $5,000 assessment if not indigent.
The charges are merely accusations and all eleven defendants are presumed innocent until and unless proven guilty.
The Agencies involved in the operation were SD DCI, HSI, the U.S. Attorney’s Office, Rapid City Police Department, Pennington County Sheriff’s Office, Sioux Falls Police Department, and the Yankton Police Department.
The cases are being federally prosecuted by Assistant U.S. Attorney Sarah Collins.
The U.S. Attorney’s Office would like to extend its appreciation to all law enforcement partners involved in the investigations for their efforts and continued cooperation.
Sioux Falls Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 8, 2019, by U.S. District Judge Karen E. Schreier.
Michael Anthony Williams, age 35, was sentenced to 188 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.
Williams was indicted by a federal grand jury on November 6, 2018. He pled guilty on May 8, 2019.
The conviction stemmed from incidents beginning on an unknown date and continuing through November 6, 2018, when Williams, along with at least one other person, knowingly reached an agreement to distribute 500 grams or more of a mixture containing methamphetamine in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance.
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 was investigated by the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Williams was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 12, 2019, by U.S. District Judge Karen E. Schreier.
Jacob Macias Cabrera, age 35, was sentenced to 151 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.
Cabrera was indicted by a federal grand jury on January 8, 2013. He pled guilty on May 17, 2019.
The conviction stemmed from an incident beginning around October 2011, and until around October 2012, when Cabrera knowingly and intentionally combined, conspired, confederated, and agreed with others, to distribute 500 grams or more of methamphetamine in the state of South Dakota.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney John E. Haak prosecuted the case.
Cabrera was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Seven Years for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Samuel Patrick O’Rourke, age 37, was sentenced on August 9, 2019, to 7 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
O’Rourke was indicted by a federal grand jury in November 2018. The charge related to O’Rourke, and at least one other person, distributing at least 50 grams, but less than 200 grams, of methamphetamine in the District of South Dakota, primarily out of his home on the Pine Ridge Indian Reservation, and elsewhere, between 2016 and 2018.
This case was investigated by the Federal Bureau of Investigation, the Northern Plains Safe Trails Drug Task Force, and the Bureau of Indian Affairs. Assistant U.S. Attorney Gina Nelson prosecuted the case.
O’Rourke was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that 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.
Michael High Elk, age 30, was sentenced on August 9, 2019, to 5 years and 11 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to High Elk, a previously convicted felon prohibited from possessing firearms, knowingly possessing a Jimenez Arms, model U.A. 380, .380 caliber semi-automatic pistol, which was found in High Elk’s car after he led police on a high-speed chase in Rapid City on January 30, 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.
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.
High Elk was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Charged with Sexual Abuse and StrangulationRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Assault by Strangulation and Suffocation.
Jeremiah White Wash, age 27, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction for the Aggravated Sexual Abuse charge is any term of years up to life in prison, a mandatory minimum term of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to White Wash and another man sexually assaulting a female on May 1, 2018, at Pine Ridge. White Wash also assaulted the same individual, who was his dating partner, by strangling her in April 2018.
The charges are merely accusations and White Wash is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
White Wash was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ohio Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Port Clinton, Ohio, man convicted of Attempted Receipt of Child Pornography was sentenced on August 12, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Adam Myosky, age 40, was sentenced to 6 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.
Myosky was one of seven men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with minors obtained through the Internet. The conviction stemmed from Myosky communicating with someone he believed to be a 15-year-old girl, but who was in fact an undercover agent, for the purpose of arranging a meeting to engage in sexual acts with the minor.
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.
Myosky was immediately remanded to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced to Five Years for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Columbus, Nebraska, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Ivory Hawkins, age 25, was sentenced on August 9, 2019, to 5 years in federal prison, followed by 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Hawkins was indicted by a federal grand jury in May 2018. The charge related to Hawkins, and at least one other person, distributing more than 350 grams of methamphetamine in the District of South Dakota and elsewhere between 2014 and 2018.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Hawkins was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Criminal Contempt was sentenced on August 16, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Frank Iron Heart, age 39, was sentenced to time served and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Iron Heart was indicted by a federal grand jury on February 13, 2019. He pled guilty on August 16, 2019.
The conviction stemmed from an incident that occurred on December 18, 2018, when Iron Heart willfully and unlawfully disobeyed and resisted a subpoena issued by the U.S. District Court requiring him to appear at a federal hearing in Pierre, South Dakota.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mission Man Charged with Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Luke Joseph Burning Breast, age 35, was indicted on August 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 15, 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 April 9, 2019, at Rosebud, Burning Breast having previously been convicted of a felony, knowingly possessed a firearm.
The charge is merely an accusation and Burning Breast is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the 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.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Burning Breast was released on bond pending trial. A trial date has not been set.
Miller Man Sentenced for Being Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Miller, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Johnathan Taylor, age 27, was sentenced to time served, 2 years of supervised release, forfeiture of his interest in 6 firearms, any and all ammunition recovered with the weapons, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Taylor was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 28, 2019.
The conviction stemmed from an incident on December 1, 2018, when a South Dakota Game, Fish, and Parks Officer was conducting licensing verification and encountered Taylor, who had a pump action shot gun. When the officer discovered Taylor was an individual prohibited from possessing a firearm, a search warrant was executed on Taylor’s residence and the 6 firearms were seized. During the search, marijuana was also discovered, to which Taylor admitted to using daily for about 8 years.
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 South Dakota Game, Fish, and Parks and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Taylor was released following sentencing.
Marty Man and Yankton Man Plead Guilty to Kidnapping and AssaultRead the Press Release
United States Attorney Ron Parsons announced that Gavin Little, age 23, of Marty, South Dakota, and Christian Garcia, age 24, of Yankton, South Dakota, appeared before U.S. District Judge Karen E. Schreier on August 15, 2019, and pled guilty to an Indictment that charged Little with Kidnapping and Garcia with Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction for Little is life in federal prison, and/or $250,000 fine, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be imposed.
The maximum penalty upon conviction for Garcia is 10 years in federal prison, and/or $250,000 fine, 3 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be imposed.
On or about November 25, 2018, Little and Garcia, along with two juveniles, assaulted an adult male at a home in east housing of Marty, on the Yankton Sioux Indian Reservation. After the man was severely beaten and unconscious, Little loaded him into a vehicle and left the scene. A high speed chase ensued near Greenwood, before Little abandoned the vehicle and fled away on foot. Tribal officers discovered the unconscious man in the back of the vehicle. He was flown to Sioux Falls for emergency medical treatment.
The investigation was conducted by the Yankton Sioux Tribe Law Enforcement and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for November 4, 2019. Both Little and Garcia were remanded to the custody of the U.S. Marshals Service pending sentencing.
Eagle Butte Woman Indicted for Conspiracy to Distribute MethamphetamineRead 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 Conspiracy to Distribute Methamphetamine.
Nicole Ducheneaux, age 33, was indicted on August 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 on or about January 1, 2017, continuing to on or about August 13, 2019, Ducheneaux, knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown to knowingly and intentionally distribute, and possess with intent to distribute, 50 grams or more of methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Ducheneaux 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.
Ducheneaux was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced to 10 Years in Prison for Attempted Sex TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Commercial Sex Trafficking of Children and Attempted Enticement of a Minor Using the Internet following a federal jury trial, was sentenced on July 26, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Zam Lian Mung, age 30, was sentenced to 10 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Mung was one of seven men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with minors obtained through the Internet. The conviction stemmed from Mung communicating with someone he believed to be associated with a 15-year-old girl, but who was in fact an undercover agent, for the purpose of arranging a meeting to engage in sexual acts with the minor.
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.
Mung was immediately remanded to the custody of the U.S. Marshals Service.
Connecticut Man Sentenced to 8 Years for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Colchester, Connecticut, man convicted of Attempted Receipt of Child Pornography was sentenced on July 22, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kevin Carney, age 32, was sentenced to 8 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Carney was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2017 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Carney communicating with someone he believed to be a minor for the purpose of engaging in sexual acts, and requesting that the minor send pornographic images to Carney.
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.
Carney was immediately remanded to the custody of the U.S. Marshals Service.
Soldier Creek Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Involuntary Manslaughter was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Robert Staples, Jr., age 35, was sentenced to 37 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Staples was indicted by a federal grand jury on February 13, 2019. He pled guilty on May 28, 2019.
The conviction stemmed from an incident that occurred on September 14, 2018, when Staples was backing a vehicle out of his driveway in the Soldier Creek community, where children frequently played in the street. Staples struck two children with his vehicle, and one of the children was killed in a grossly negligent manner. Staples further had THC, a compound found in marijuana, in his bloodstream at the time of the wreck.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Staples was immediately turned over to the custody of the U.S. Marshals Service.
New York Man Sentenced for Conspiracy to Defraud the GovernmentRead the Press Release
United States Attorney Ron Parsons announced that a Brooklyn, New York, man convicted of Wire Fraud, Conspiracy to Defraud the Government, and False Claim was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Manaen Dean Matthews, age 35, was sentenced on July 25, 2019, to 6 and 1/2 years in federal prison, and was ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $523,250.00 in restitution to the Internal Revenue Service.
The conviction stems from Matthews devising a scheme to obtain personal information from individuals living on the Pine Ridge Reservation and elsewhere. In the course of his scheme, Matthews directed several other individuals to obtain personal information from tribal citizens by falsely telling them they would lawfully receive large tax refunds or other government payments. Matthews then used the personal information obtained to knowingly file fraudulent personal income tax returns and falsely reporting earnings from self-employment, when in fact the tribal citizens had not received the income reported on their tax returns and were not due the tax refunds shown on their tax returns.
In all, from 2015 through 2018, Matthews knowingly made false claims against the United States totaling approximately $3,621,770.20 by filing 1,201 fraudulent federal income tax returns. As a result of his fraudulent scheme, Matthews personally obtained $523,250.00.
The investigation was conducted by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Matthews was immediately turned over to the custody of the U.S. Marshals Service.
Allen Woman Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Allen, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 12, 2019, by U.S. District Judge Roberto A. Lange.
Clara Poor Bear, age 28, was sentenced to 60 months in federal prison, followed by 4 years of supervised release, and ordered to pay a $1,000 fine and a $100 special assessment to the Federal Crime Victims Fund.
Poor Bear was indicted by a federal grand jury on August 14, 2018. She pled guilty on May 29, 2019.
The conviction stemmed from a conspiracy that occurred between October 1, 2016, through January 31, 2017, where Poor Bear knowingly and intentionally conspired with others, and distributed between 350 and 500 grams of methamphetamine on the Rosebud Indian Reservation.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Poor Bear was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Aleah Walking Bull, age 24, was indicted on November 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 8, 2019, 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 June 14, 2018, Walking Bull did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services.
The charge is merely an accusation and Walking Bull 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.
Walking Bull was released on bond pending trial. A trial date has not been set.
Montana Woman Sentenced for Wire Fraud and Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Kalispell, Montana, woman convicted of Tax Evasion and four counts of Wire Fraud was sentenced on August 7, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Judy Lynn Carroll, age 60, was sentenced to 7 years in federal prison, to be followed by 3 years of supervised release on the Wire Fraud charges. Carroll was also ordered to pay a total of $1,240,236.01 in restitution to several victims and a $400 special assessment to the Federal Crime Victims Fund.
The Wire Fraud charges relate to a scheme devised by Carroll to obtain money from others for her own benefit. As part of the scheme, Carroll falsely told others the Internal Revenue Service (IRS) had seized her financial account that contained several million dollars. Carroll knew the IRS had not seized her financial account and that she did not have any account that had millions of dollars. Carroll then convinced several individuals, including a resident of South Dakota, to send her hundreds of thousands of dollars between 2000 and 2016.
Carroll was also sentenced to 7 years in federal prison, to be followed by 3 years of supervised release, and ordered to pay $310,078.00 in restitution to the IRS and a $100 special assessment to the Federal Crime Victims Fund on the Tax Evasion charge, with the prison time to run concurrently with the Wire Fraud convictions.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Minnesota Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Minneapolis, Minnesota, man has been indicted by a federal grand jury for Production of Child Pornography and Receipt of Child Pornography.
Nicolas Edward Wilson, age 34, was indicted on July 9, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 5, 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, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 30, 2014, Wilson knowingly enticed and coerced a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing such depiction would be transported in interstate or foreign commerce by computer.
The Indictment also alleges that on or about between September 23, 2012, and April 4, 2015, Wilson knowingly received and distributed, and attempted to receive and distribute, any child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charges are merely accusations and Wilson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Wilson was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for October 15, 2019.
Former Tribal Chair Indicted for Embezzlement & Theft from an Indian Tribal Organization and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced today that a former Crow Creek Sioux Tribe councilmember and chair was indicted by a federal grand jury for embezzlement & theft from an Indian tribal organization, and aiding and abetting.
Brandon Sazue, age 45, of Chamberlain, South Dakota, was indicted on August 6, 2019. He appeared before U.S. Magistrate Judge Mark Moreno on August 9, 2019, and pled not guilty to the Indictment.
According to the Indictment, in about March 2014 through February 2019, Roland Robert Hawk Sr., Francine Maria Middletent, Roxanne Lynette Sazue, Jacquelyn Ernestine Pease, and Brandon Sazue embezzled, stole, willfully misapplied, willfully permitted to misapplied, and converted to their own use over $1,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe. During times relevant to each defendant’s case, Brandon Sazue served as Chair of the Crow Creek Sioux Tribe, Hawk served as the elected Treasurer of the tribe, Roxanne Sazue was also Chair, and Middletent was an elected councilperson. When not serving in their respective leadership positions, all defendants, except for Brandon Sazue, worked for Hawk in the tribe’s finance office. In their respective leadership roles and employment positions, the defendants had the access and opportunity to the funds that were embezzled from the tribe.
The maximum penalties for each defendant upon conviction are as follows: 5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 to the Federal Crime Victims Fund; and restitution may be ordered.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hawk Sr. was remanded to the custody of the U.S. Marshals Service. Defendants Pease, Middletent, Roxanne Sauze, and Brandon Sazue were released on bond. A trial date has been set for September 10, 2019.
The case was brought pursuant to the Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Eagle Butte Man Charged with False StatementRead 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 False Statement.
Paul William Stands For, age 24, was indicted on July 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 8, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 April 18, 2019, Stands For willfully and knowingly made a materially false, fictitious, and fraudulent statement to a Task Force Officer with the Federal Bureau of Investigation’s Northern Plains Safe Trails Drug Enforcement Task Force by stating that a handgun was his, when he in fact knew this statement was false.
The charge is merely an accusation and Stands For 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 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.
Stands For was released on bond pending trial. A trial date has not been set.
Washington Man Sentenced to over 8 Years for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that an Everett, Washington, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nathan Merriel, age 30, was sentenced on August 2, 2019, to 8 years and 3 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Merriel conspiring with two other people to obtain methamphetamine in Denver, Colorado, for distribution in South Dakota between October 2017 and June 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Unified Narcotics Enforcement Team, and the South Dakota Highway Patrol. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Merriel was immediately turned over to the custody of the U.S. Marshals Service.
Wakpala Woman Charged with Assault and RobberyRead the Press Release
United States Attorney Ron Parsons announced that a Wakpala, South Dakota, woman has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Robbery, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Averil Cadotte, age 36, was indicted on April 9, 2019. She appeared before U.S. Magistrate Judge William D. Gerdes on August 2, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 4, 2016, Cadotte unlawfully assaulted two individuals with a vehicle with the intent to commit murder and said assault resulted in serious bodily injury to both victims. The Indictment further alleges that Cadotte attempted to take a cellphone, alcohol, and cash from the victims.
The charges are merely accusations and Cadotte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, and Bureau of Indian of Affairs, Standing Rock Agency. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Cadotte was released on bond pending trial. A trial date has been set for October 8, 2019.
Sioux Falls Man Sentenced for Preparation of False and Fraudulent Tax ReturnsRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Preparation of False and Fraudulent Tax Returns was sentenced on July 26, 2019, by U.S. District Judge Karen E. Schreier.
Isaiah H. Rangel, age 50, was sentenced to 24 months in federal prison, followed by 1 year of supervised release, restitution to the U.S. Department of Treasury in the amount of $46,648, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rangel was indicted by a federal grand jury on April 4, 2018. He pled guilty on April 3, 2019.
The conviction stemmed from incidents between January 29, 2015, and April 15, 2015, when Rangel, who owned 1st Global Tax in Sioux Falls and in Huron, prepared false tax returns for the tax year 2014 by preparing false Schedules C and Forms 1099, which resulted in fraudulent refunds for clients.
This case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Rangel was ordered to report to the custody of the U.S. Marshals Service by August 23, 2019.
Rapid City Man Sentenced for Stealing Guns in Rooster BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Theft of a Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Matthew Keifer, age 31, was sentenced on August 5, 2019, to 5 years and 11 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $11,199.17 in restitution.
The charge related to Keifer breaking into The Rooster sporting goods store in Rapid City and stealing 24 firearms in August 2018. The firearms were taken to a co-defendant’s residence, and a Dremel tool was utilized to remove serial numbers from several of the firearms. Some of the firearms were later traded for methamphetamine. During the investigation, 22 of the 24 stolen guns were recovered by law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Department of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Keifer was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possession of a Firearm by a Prohibited PersonRead 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 Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael S. Croyle, age 21, was sentenced on August 2, 2019, to 2 years in federal prison, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Croyle was indicted by a federal grand jury in October 2018. The conviction stems from Croyle being in possession of a handgun before jumping from a moving vehicle, following a police pursuit at Rapid City on August 8, 2018. Croyle is prohibited from possessing firearms based on a previous felony conviction for Possession of a Controlled Substance in 2017.
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 was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Croyle was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Pleads Not Guilty to Sexual Abuse of JuvenilesRead 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 Aggravated Sexual Assault and two counts of Abusive Sexual Contact.
Ira Little Bear, age 29, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison, lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Little Bear engaging in and attempting to engage in sexual contact and acts with juvenile females at Wounded Knee between 2015 and 2017.
The charges are merely accusations and Little Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cassandra DeCoste is prosecuting the case.
Little Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 8, 2019.
Pine Ridge Man Sentenced to Ten Years in Prison for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Janis, age 39, was sentenced on August 2, 2019, to 10 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.
Janis was indicted by a federal grand jury in April 2018. The charge related to Janis forcibly engaging in sexual contact with a juvenile victim at the White Clay Dam in Pine Ridge on November 17, 2017.
This case was investigated by the Bureau of Indian Affairs and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.