District of South Dakota

United States Attorney Ron Parsons announced that a Miller, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.

Johnathan Taylor, age 26, was indicted on February 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 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 December 1, 2018, and December 12, 2018, Taylor, an unlawful user of and addicted to marijuana, had multiple firearms in his possession.  It is a federal felony for any person to possess a firearm while regularly using, or addicted to, illegal drugs.

The charge is merely an accusation and Taylor 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Taylor was released on conditions pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury to a Child and Child Abuse.

Leilih Smart, age 31, was indicted on February 13, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between December 31, 2018, and January 1, 2019, Smart abused and assaulted a child under the age of 7 years old, causing serious bodily injury to the child.

The charges are merely accusations and Smart 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.   

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, Domestic Assault by an Habitual Offender, and Failure to Register as a Sex Offender.

Michael Yellow Eyes, age 36, was indicted on the Assault charges on October 16, 2018, and the Failure to Register charges on December 11, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to both Indictments.

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.

Yellow Eyes was convicted of Abusive Sexual Contact in April 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between August 1, 2018, and August 29, 2018, Yellow Eyes, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

The Indictment charging Yellow Eyes for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender alleges that on September 20, 2018, Yellow Eyes unlawfully committed a domestic assault upon his spouse and intimate partner and that, at the time of the domestic assault, Yellow Eyes 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 Yellow Eyes assaulted his spouse and intimate partner by strangulation and suffocation.

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

The investigations are being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the cases.   

Yellow Eyes was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been scheduled for April 16, 2019.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Escape from Custody and Criminal Contempt.

Roger James Spider, II, a/k/a Roger Spider, Jr., age 28, was indicted on February 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 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.

Spider was indicted for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender on July 17, 2018.  He made his initial appearance on that Indictment on December 18, 2018, and was detained in the custody of the U.S. Marshals Service pending trial.

The Indictment alleges that on January 22, 2019, Spider failed to report to the Hughes County Jail following a furlough, as ordered by the U.S. District Court for the District of South Dakota.  The Indictment further alleges that Spider willfully and unlawfully disobeyed an order of the U.S. District Court, by not following the terms of the furlough order.

The charges are merely accusations and Spider 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.   

Spider 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 Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Jeffrey Jandreau, age 40, was indicted on February 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 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.

The Indictment alleges that between July 30, 2018, and November 16, 2018, Jandreau, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, did fail to register and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Jandreau 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 Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Joseph Marshall, age 39, was indicted on February 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 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.

The Indictment alleges that between December 28, 2018, and January 8, 2019, Marshall, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction, did knowingly fail to register and update his registration.

The charge is merely an accusation and Marshall 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.   

Marshall 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 Lower Brule, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 19, 2019, by U.S. District Judge Roberto A. Lange.

Shanna St. Cloud, age 21, was sentenced to 10 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.

St. Cloud was indicted by a federal grand jury on September 11, 2018.  She pled guilty on November 27, 2018.

Beginning at a time unknown, but no later than December 1, 2015, through September 11, 2018, St. Cloud knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota, in and around the Crow Creek and Lower Brule Sioux Indian Reservations.  The individuals who provided St. Cloud with methamphetamine knew that she intended to engage in further distribution.  St. Cloud admitted that between 500 grams and 1.5 kilograms of methamphetamine was distributed during the course of the conspiracy.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Indian Affairs.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a Dupree, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 20, 2019, by U.S. District Court Judge Roberto A. Lange.

David Little Wounded, age 36, was sentenced to 40 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.

Little Wounded was indicted by a federal grand jury on August 14, 2018.  He pled guilty on November 27, 2018.

The conviction stemmed from Little Wounded personally distributing between 200 and 350 grams of methamphetamine in South Dakota, beginning in April of 2016 and continuing through January of 2018. 

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

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

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 19, 2019, by U.S. District Judge Roberto A. Lange.

Craig Ross, age 29, was sentenced to 26 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.

Ross was indicted by a federal grand jury on September 11, 2018.  He pled guilty on November 27, 2018.

The conviction stemmed from an incident on July 29, 2018, when Ross, having previously been convicted of a felony, was apprehended by law enforcement in possession of a firearm.  Law enforcement had heard gun shots and located Ross and another individual with a rifle.

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 Bureau of Indian Affairs, Crow Creek Agency, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

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

Mary Etta Kessler, a/k/a/ Marietta Kessler, age 55, was indicted on February 13, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 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 at a time unknown, but no later than on April 1, 2016, and continuing to February 13, 2019, in South Dakota, Kessler knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance.

The charge is merely an accusation and Kessler 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 Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gabrielle M. Koenig, age 45, was sentenced on February 13, 2019, to 37 months in federal prison, to be followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Koenig was charged on January 23, 2018.  The conviction stems from Koenig knowingly being in possession of several firearms, while unlawfully using and distributing 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 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 Benjamin Patterson prosecuted and tried the case.

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Maintaining Drug-Involved Premises, Distribution to Persons Under Age Twenty-One, Possession With Intent to Distribute a Controlled Substance, and Prohibited Person in Possession of a Firearm.

Jess Brian Ducheneaux, age 56, was charged by Superseding Indictment on January 23, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 2019, and pled not guilty to the Superseding Indictment.

The maximum penalty upon conviction is up to life in prison and/or a $8,000,000 fine, 10 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count.  Restitution may also be ordered. 

Ducheneaux was indicted for Conspiracy to Distribute a Controlled Substance in December 2018.  The Superseding Indictment further alleges that Ducheneaux maintained a residence where he provided methamphetamine to others, including a person under the age of twenty-one.  The Superseding Indictment further alleges that Ducheneaux is an unlawful user of and addicted to a controlled substance which prohibits him from possessing firearms, however, it is alleged he was in possession of two firearms at the time of his arrest.

The charges are merely accusations and Ducheneaux 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 Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Ducheneaux was released on bond pending trial, which is set for April 16, 2019.

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

David George Flute, III, age 29, was indicted on February 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 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, 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 Flute, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction, did fail to register and update his registration as required.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Flute 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 Pine Ridge, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Elmer Yellow Hair III, age 23, was sentenced on February 11, 2019, to 14 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.

Yellow Hair was indicted by a federal grand jury in July 2018.  The conviction stems from Yellow Hair engaging in sexual intercourse with a 15 year old female on May 9, 2018, at Pine Ridge.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Ron Parsons announced that a Lake Andes, South Dakota, man was sentenced to 12 concurrent life sentences and to 3 concurrent 10-year terms of imprisonment on February 11, 2019, by U.S. District Judge Karen E. Schreier.  

Quentin P. Bruguier, Jr., a/k/a “JB,” age 55, was sentenced to life in federal prison for each of the 12 counts of aggravated sexual abuse and to 10 years, the statutory maximum, for each of the 3 counts of abusive sexual contact.  He was also ordered to pay $1,500 to the Federal Crime Victims Fund.

Following a week-long trial, Bruguier was convicted by a federal jury on November 16, 2018.  He was charged in a 15-count indictment for various aggravated sexual abuse charges involving children.  Between 1992 and 2016, Bruguier, who was a former Yankton Sioux Tribal Official, engaged in these sexual acts using fear, force, or both, when perpetrating the sexual assaults.

While pronouncing its sentence, the Court stated, “Over a 30-year time period, you took advantage of any young female around you.”  The Court also acknowledged the victims by stating, “The girls that came forward were some of the strongest I’ve seen.”

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Bruguier was immediately remanded to custody to continue serving his sentence. 

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Involuntary Manslaughter and Criminal Contempt was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.

Omalewin Neck, age 25, was sentenced to 36 months in federal prison for Involuntary Manslaughter, and 2 months in federal prison for Criminal Contempt, with the sentences to be served consecutively, followed by 3 years of supervised release.  Neck was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $110, and to pay restitution of $1,500.  Additional restitution may apply.

Neck was indicted by a federal grand jury on the Involuntary Manslaughter charge on January 17, 2018.  She pled guilty on August 7, 2018. 

The Involuntary Manslaughter conviction stemmed from an incident that occurred near St. Francis on the evening of October 1, 2017.  On that date, Neck had been consuming alcohol, and was driving a car northbound on BIA 1 south of St. Francis.  The victim, an adult female, was seated in the front passenger seat.  As Neck approached St. Francis at a high rate of speed, she lost control of the vehicle and left the roadway.  The vehicle rolled multiple times, causing Neck and the victim to be ejected from the vehicle.  The victim died as a result of injuries suffered in the wreck. Neck sustained serious injuries in the wreck and was hospitalized. 

On December 1, 2018, Neck was in custody pending sentencing for Involuntary Manslaughter, and was granted a furlough to attend a funeral.  She did not go to the funeral and instead went to the Ft. Randall Casino Hotel in Lake Andes, South Dakota, and consumed alcoholic beverages.  She was arrested later that day at the Ft. Randall Casino Hotel.  Based on the foregoing, on December 11, 2018, Neck was indicted by a federal grand jury on the Criminal Contempt charge.  She pled guilty on January 23, 2019.

The cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Yankton Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the cases.   

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury on 11 counts of Wire Fraud and Money Laundering.

Paul Erickson, age 57, was indicted on February 5, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 6, 2019, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison for each count, and/or a $250,000 fine for wire fraud, and/or a $500,000 fine for money laundering, 3 years of supervised release, and up to $1,100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about 1996, through August of 2018, Erickson knowingly and unlawfully devised a scheme and artifice to defraud and to obtain money from many victims by means of false and fraudulent pretense, representations, and promises.  Erickson owned and operated Compass Care, Inc., Investing with Dignity, LLC, and an unnamed venture to develop land in the Bakken oil fields in North Dakota. Erickson made various false and fraudulent representations to individuals located in South Dakota and elsewhere, to induce those investors to give him money to invest in his businesses, which were part of a scheme to defraud them and personally enrich Erickson.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.

Tyrone Steven Andrews, age 26, was sentenced to 15 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.

Andrews was indicted by a federal grand jury on August 14, 2018.  He pled guilty on December 12, 2018.

Andrews was convicted of Abusive Sexual Contact in July 2016.  As a result of this conviction, he is required to register as a sex offender.  On July 2, 2018, Andrews registered his address as the Union Gospel Mission in Sioux Falls; on July 5, 2018, Andrews absconded from the Union Gospel Mission and failed to update his registration between July 8, 2018, and August 14, 2018.

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

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

United States Attorney Ron Parsons announced that an Oglala, South Dakota, man convicted of three counts of Involuntary Manslaughter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tyler Makes Him First, age 29, was sentenced on February 1, 2019, to 16 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $9,300 in restitution.

Makes Him First was charged on May 22, 2018.  The conviction stems from Makes Him First crossing into oncoming traffic on BIA 27 at a high rate of speed while intoxicated, hitting an oncoming car and killing all three occupants, including a one-year old child and a pregnant woman, in November 2017 near Porcupine.

This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

United States Attorney Ron Parsons announced that a California man convicted of Interstate Communications of Threats to Injure was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.

Zackary Anthony Mitchell, age 23, was sentenced to time served through February 6, 2019, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. As part of the supervised release plan, he will return to California and be on home confinement to his father’s home for 5 months.

Mitchell was indicted by a federal grand jury on October 16, 2018.  He pled guilty on January 3, 2019.

The conviction stemmed from an incident that occurred between December 23, 2017, and January 14, 2018, when Mitchell repeatedly texted the victim threatening harm and injury to her and threats of killing her family.

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

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

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Simple Assault of a Minor was sentenced on January 31, 2019, by U.S. Magistrate Judge Mark A. Moreno.

Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was sentenced to 9 months and 18 days 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.

Red Kettle was indicted by a federal grand jury on June 12, 2018.  She pled guilty on January 31, 2019.

The conviction stemmed from an incident that occurred on April 6, 2018, wherein Red Kettle threw her infant child on a bed in frustration, causing the child’s head to strike a wall.

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

Red Kettle 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 has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Jonathan Anthony Jones, a/k/a D.J. Jones, age 29, was indicted on January 22, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 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 November 16, 2018, Jones did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon.

The charge is merely an accusation and Jones 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.   

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Joseph Briseno, age 41, was sentenced on January 28, 2019, to 60 months in federal prison, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Briseno was indicted for the charge by a federal grand jury on August 22, 2017.  The conviction stems from Briseno inappropriately touching his stepdaughter between 2013 and 2016.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

SIOUX FALLS, S.D. – United States Attorney Ron Parsons announced additional case developments in federal drug prosecutions occurring in approximately the past six weeks.  During any lapse in Congressional appropriations, the U.S. Department of Justice has contingency procedures to ensure that the Department’s essential public safety and national security missions continue unabated.  As a result, the U.S. Attorney’s Office and federal investigative agencies continued to work full-time alongside their state, local, and tribal partners on all criminal cases and prosecutions throughout the partial federal government shutdown, which now has ended.

“The men and women at every level of law enforcement working here in South Dakota should be commended for their exceptional efforts in helping to bring drug trafficking offenders to justice and take these deadly poisons off the streets,” said U.S. Attorney Parsons.  “The high quality of investigative police work done by these professionals continues to produce outstanding results.”

In approximately the past six weeks, the following investigations, involving 42 criminal defendants, have resulted in previously unannounced indictments, arraignments, guilty pleas, or prison sentences in drug-related prosecutions by the U.S. Attorney’s Office for the District of South Dakota.  In the cases listed below, 33 defendants were involved in trafficking methamphetamine, and at least 11 defendants were involved in trafficking opioids such as heroin and fentanyl.

FEDERAL INDICTMENTS

Shannon Lee Coon.  On December 11, 2018, Shannon Lee Coon (age 42) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy on a federal charge for conspiracy to distribute 500 grams or more of methamphetamine and pleaded not guilty to the Indictment.  The charge is merely an accusation and Coon is presumed innocent until and unless proven guilty.

Curtis Samuel Webb and Roderick Leon Scott.  Curtis Samuel Webb, also known as Corey Shawn Smith (age 42) and Roderick Leon Scott (age 43) both of Sioux Falls, SD, were indicted for conspiracy to distribute 500 grams or more of methamphetamine.  On December 14, 2018, Webb was arraigned before U.S. Magistrate Judge Veronica L. Duffy and pleaded not guilty to the Indictment.  On December 18, 2018, Scott was arraigned before Judge Duffy and also pleaded not guilty to the Indictment.  Both Webb and Scott were remanded to the custody of the U.S. Marshals.  These charges are merely accusations and Webb and Scott are presumed innocent until and unless proven guilty.

Jess Brian Ducheneaux. On December 18, 2018, Jess Brian Ducheneaux (age 56) of Eagle Butte, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on a federal charge of Conspiracy to Distribute a Controlled Substance (methamphetamine).  Ducheneaux pleaded not guilty and was remanded to the custody of the U.S. Marshals.  On January 23, 2019, a Superseding Indictment was filed charging Ducheneaux with conspiracy to distribute methamphetamine, and adding additional charges of maintaining a drug-involved premises in Ridgeview, SD, for the purpose of distributing methamphetamine, distributing it to a person under the age of 21, possession of methamphetamine, and being a prohibited person in possession of a firearm.  These charges are merely accusations and Ducheneaux is presumed innocent until and unless proven guilty. 

Michael Anthony Williams.  On December 18, 2018, Michael Anthony Williams (age 32) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy for conspiracy to distribute 500 grams or more of methamphetamine.  He pleaded not guilty to the Indictment.  The maximum penalty is a mandatory 10 years in federal prison up to life.  Williams was remanded to the custody of the U.S. Marshals.  The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.

Felon Marie Bad Milk.  On December 18, 2018, a federal indictment was filed against Felon Marie Bad Milk, a/k/a Fallon (age 34), of Manderson, SD, charging her with False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud (hydrocodone, a prescription opioid).  She was arraigned before U.S. Magistrate Judge Daneta Wollmann on December 21, 2018, and pleaded not guilty to the Indictment.  These charges are merely accusations and Bad Milk is presumed innocent until and unless proven guilty.

Michael Carey and Robin Wallach.  Husband and wife Michael David Carey (age 57) and Robin Lianne Wallach (age 55), both of Rapid City, SD, were federally indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine).  Carey was additionally charged with Possession with Intent to Distribute a Controlled Substance (methamphetamine).  On December 21, 2018, Wallach appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.  At his arraignment before Judge Wollmann in November, Carey also pleaded not guilty to the Indictment.  These charges are merely accusations and Carey and Wallach are presumed innocent until and unless proven guilty.

Michael Bettelyoun.  On January 2, 2019, Michael Bettelyoun (age 25) of Rapid City, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Rosebud Indian Reservation, as well as Possession of Ammunition by a Prohibited Person.  He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals.  These charges are merely accusations and Bettelyoun is presumed innocent until and unless proven guilty.

Cole Emery and Shelbyjo Two Eagle, a/k/a Shelbyjo Larvie.  On January 2, 2019, Cole Emery (age 24) and Shelbyjo Two Eagle, also known as Shelbyjo Larvie (age 24) both of Mission, SD, were arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for conspiracy to distribute methamphetamine on the Rosebud Indian Reservation.  The Indictment specifically alleges that Emery conspired with others to possess with intent to distribute 500 grams or more of methamphetamine, while Two Eagle conspired with others to possess with intent to distribute 50 grams or more of methamphetamine.  The Indictment further alleges that Two Eagle, being an unlawful user of and addicted to a controlled substance, unlawfully possessed 9mm ammunition.  Both pleaded not guilty.  They were remanded to the custody of the U.S. Marshals.  These charges are merely accusations and Emery and Two Eagle are presumed innocent until and unless proven guilty.

Justin Robert Christensen; Nicholas Scott Flier; Paris Bryn Koller; and Brandon Alan Watters.  On January 8, 2019, Justin Robert Christensen (age 30) of Sioux Falls, SD; Nicholas Scott Flier (age 25) of Valley Springs, SD; Paris Bryn Koller (age 25) address unknown; and Brandon Alan Watters (age 24) of Sioux Falls, SD, were indicted in federal court for a conspiracy to distribute 500 grams or more of methamphetamine.  These charges are merely accusations and Christensen, Flier, Koller, and Watters are presumed innocent until and unless proven guilty.

Samuel Patrick O’Rourke.  On January 9, 2019, Samuel Patrick O’Rourke (age 36) of Rapid City, SD, was arraigned in federal court by U.S. Magistrate Judge Daneta Wollmann on one count of Conspiracy to Distribute a Controlled Substance (methamphetamine) and two counts of Distribution of a Controlled Substance (methamphetamine).  He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals.  These charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.

Ian Royal Bjornstad.  On January 15, 2019, Ian Royal Bjornstad (age 41) of Carlsbad, CA, was arraigned in federal court before U.S. Magistrate Judge Veronica L. Duffy in Sioux Falls on a charge for distribution of heroin resulting in death.  He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals.  The charge is merely an accusation and Bjornstad is presumed innocent until and unless proven guilty.

Larry Gerard Norquist.  On January 23, 2019, a federal indictment was filed against Larry Gerard Norquist (age 54) of Rapid City, SD, charging him with two counts of Conspiracy to Distribute a Controlled Substance (methamphetamine and heroin).  On January 25, 2019, he was arraigned before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.  He was remanded to the custody of the U.S. Marshals.  These charges are merely accusations and Norquist is presumed innocent until and unless proven guilty.

Dana Faulkner, a/k/a “Diablo.”  On January 23, 2019, a federal Superseding Indictment was filed against Dana Faulkner, also known as “Diablo” (age 40), of Aurora, CO, charging him with Conspiracy to Distribute Controlled Substances (methamphetamine, heroin, and cocaine) in the Rapid City and Northern Black Hills area, Use of Firearm in Furtherance of Drug Trafficking Crime, Possession of a Firearm by a Prohibited Person, and Obstruction of Justice.  Faulkner remains in the custody of the U.S. Marshals.  These charges are merely accusations and Faulkner is presumed innocent until and unless proven guilty.

Jocelyn Chasing Hawk.  On January 23, 2019, Jocelyn Chasing Hawk, also known as Jocelyn Bear Eagle (age 37) of Eagle Butte, SD, was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Cheyenne River Indian Reservation.  The maximum penalty upon conviction is up to life in federal prison.  The Indictment alleges that Chasing Hawk intentionally combined and conspired with others to distribute and possess with intent to distribute 500 grams or more of meth.   The charge is merely an accusation and Chasing Hawk is presumed innocent until and unless proven guilty.

Clinton Lewis Haukaas. On January 23, 2019, Clinton Lewis Haukaas (age 39) of Rosebud, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.  The Superseding Indictment alleges that Haukaas knowingly and intentionally combined, conspired, and confederated with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine.  The Superseding Indictment also alleges that on or about June 6, 2018, Haukaas, then being an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm, which had been shipped and transported in interstate commerce.  These charges are merely accusations and Haukaas is presumed innocent until and unless proven guilty.

Arlene Siers.  On January 23, 2019, Arlene Siers (age 30) of Mission, SD, was indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of a Firearm by a Prohibited Person.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2019, and pleaded not guilty to the Indictment.  The Indictment alleges that 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.  The Indictment further alleges that on August 31, 2018, Siers possessed a firearm in furtherance of a drug trafficking crime and that while she possessed the firearm, she was a user of and addicted to a controlled substance.  The maximum penalty upon conviction is up to life in federal prison and/or a $10 million fine and 5 years of supervised release.  These charges are merely accusations and Siers is presumed innocent until and unless proven guilty.

Nathan Reuer.  On January 24, 2019, a federal criminal complaint was filed against Nathan Reuer (age 25) of Rapid City, SD, charging him with Importation of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance (methamphetamine, fentanyl and heroin).  These charges are merely accusations and Reuer is presumed innocent until and unless proven guilty.

Sheri Rademacher.  On January 29, 2019, Sheri Rademacher, also known as Sherri Lynn Whiting (age 44) of Britton, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine), Possession with Intent to Distribute a Controlled Substance (methamphetamine), and Possession of a Firearm by a Prohibited Person.  She pleaded not guilty.  These charges are merely accusations and Rademacher is presumed innocent until and unless proven guilty.

GUILTY PLEAS

Harold Brewer, Jr.  On December 28, 2018, Harold Brewer, Jr. (age 29) of Pine Ridge, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine).  As part of his involvement in the conspiracy, Brewer obtained methamphetamine from co-conspirators and sold it to multiple people in Western South Dakota.  Sentencing is scheduled for June 18, 2019, before Chief Judge Jeffrey L. Viken.  Brewer faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.

Cathy Wells.  On January 4, 2019, Cathy Wells (age 50) of Box Elder, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty Conspiracy to Distribute a Controlled Substance (methamphetamine).  As part of her involvement in the conspiracy, Wells obtained methamphetamine from Colorado, transported it to South Dakota, and sold it to multiple people in the Rapid City area.  Sentencing is scheduled for May 10, 2019.   Wells faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.

Joseph Bradshaw.  On January 25, 2019, Joseph Bradshaw (age 37) of Sturgis, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine).  Bradshaw obtained the methamphetamine from California and sold it to multiple people in the Northern Hills and Rapid City area.  As part of his scheme, Bradshaw hid his methamphetamine and proceeds in the forest.  Sentencing is scheduled for June 18, 2019.  Bradshaw faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.

Jeffrey Donald Bartholomew.  On January 31, 2019, Jeffrey Donald Bartholomew (age 30) of Denver, CO, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance.  Beginning at a date unknown and continuing through June 19, 2017, Bartholomew knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 400 grams or more of fentanyl obtained over the Dark Web.  Sentencing is scheduled for April 22, 2019.

Trish Ann Moravetz.  On January 31, 2019, Trish Ann Moravetz (age 43) of Lynn, MN, also known as Tricia Moravetz and Trish Behnke, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance.  Beginning at a date unknown and continuing through March 21, 2018, Moravetz knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine.  Sentencing is scheduled for April 22, 2019.

Nicholas Michael Snowden.  On January 31, 2019, Nicholas Michael Snowden (age 40) of Sioux Falls, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged him with conspiracy to distribute 500 grams or more of methamphetamine.  The maximum penalty upon conviction is life in federal prison, and/or a $10,000,000 fine, and a lifetime of supervised release.  Snowden’s sentencing before Judge Schreier is scheduled for April 22, 2019.

April Villagomez.  On January 31, 2019, April Villagomez (age 38) of Yankton, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged her with Conspiracy to Distribute a Controlled Substance (methamphetamine).  The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, and a lifetime of supervised release. Villagomez’s sentencing before Judge Schreier is scheduled for April 22, 2019.

FEDERAL PRISON SENTENCES

Meloni Ann Old Lodge.  On December 10, 2018, Meloni Old Lodge (age 43) of a Mission, SD, was sentenced by U.S. District Judge Roberto A. Lange to 7 months in federal prison, followed by 3 years of supervised release.  Old Lodge was convicted on January 5, 2018, of Conspiracy to Distribute a Controlled Substance.  Old Lodge admitted that beginning in September of 2015, she received distributable quantities of methamphetamine and distributed it in South Dakota.  The individuals who provided the methamphetamine to her knew she intended to engage in further distribution of it. 

Sherie Roxanne Mitchell. On December 21, 2018, Sherie Roxanne Mitchell (age 35) of St. Louis, MO, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison for conspiracy to distribute heroin, followed by 3 years of supervised release.  During her involvement in the conspiracy, which ran from an unknown date to on or about September 5, 2017, Mitchell connected her co-conspirator with heroin customers in South Dakota.

Shania Rose Hofer.  On January 4, 2019, Shania Rose Hofer (age 21) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 5 years of supervised release.  Hofer was convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury on October 22, 2018.  On or about April 23, 2018, Hofer knowingly and intentionally distributed a mixture and substance containing heroin to an individual in Sioux Falls.  Later that day, the person used the heroin sold by Hofer and was found unconscious.  First responders were unable to detect the victim’s pulse and observed that he was not breathing.  They began to perform CPR and administered two doses of Narcan before he was revived.  While at the scene, law enforcement collected a syringe found next to the victim that tested positive for both heroin and fentanyl.  But for the heroin provided by Hofer, the victim would not have stopped breathing.

Angela Martin a/k/a Angela Bald Eagle, a/k/a Angela Ice.  On January 7, 2019, Angela Martin (age 39) of Rapid City, SD, who was previously convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine), was sentenced by Chief Judge Jeffrey L. Viken to 10 years in federal prison, followed by 5 years of supervised release.   The conviction stems from an incident beginning on or about March 2015 and ending on or about December 2016, when the Defendant knowingly and intentionally conspired with others to obtain methamphetamine and distribute it in South Dakota. 

Andy Ontiveros.  On January 14, 2019, Andy Ontiveros (age 39) of Minneapolis, MN, was sentenced by U.S. District Judge Karen E. Schreier to 12 ½ years in federal prison, followed by 5 years of supervised release.  He was convicted on October 16, 2018, of Possession with Intent to Distribute 400 grams or more of a substance containing fentanyl.  On or about May 28, 2018, Ontiveros was inside his parked vehicle on the shoulder of I-29 in Minnehaha County, SD.  A Deputy with the Minnehaha County Sheriff’s Office approached and requested assistance from the South Dakota Highway Patrol.  Ontiveros gave consent for the officers to search the vehicle.  The search uncovered 264 grams of heroin and 993 grams of fentanyl hidden inside the vehicle.  Ontiveros admitted that he intended to distribute the substances both in South Dakota and elsewhere.

Amy Lynn Crandall. On January 22, 2019, Amy Lynn Crandall (age 27) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 5 years of supervised release.  Crandall was previously convicted of conspiracy to distribute 500 grams or more of methamphetamine.  Beginning on an unknown date and continuing until on or about May 8, 2018, Crandall provided methamphetamine for other co-conspirators to distribute in Sioux Falls and elsewhere.

Cory Poelstra.  On January 28, 2019, Cory Poelstra (age 29) of Yankton, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, to be followed by 3 years of supervised release.  On October 19, 2017, a search warrant was executed at Poelstra’s residence in Yankton.  Inside the house, law enforcement discovered and seized two firearms, approximately 660 fentanyl pills, approximately 112 grams of cocaine, approximately .54 grams of heroin, approximately 27 grams of marijuana wax, approximately 2.8 kilos of marijuana, approximately 36.9 grams of hash, 4 MDMA pills, 4 pills containing methamphetamine, and $86,019 in cash.  Law enforcement officers also located hundreds of empty U.S. Mail parcels, and several empty UPS and Fed Ex packages that had been used to send controlled substances to Poelstra.  Officers later recovered $460,200 in cash stashed by Poelstra.

Jose Angel Ramirez-Villegas.  On January 29, 2019, Jose Angel Ramirez-Villegas (age 25) a Mexican national living in Volga, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, followed by 4 years of supervised release.  Ramirez-Villegas was convicted of Conspiracy to Distribute a Controlled Substance on October 18, 2018.  Ramirez-Villegas twice sold methamphetamine to a cooperating individual in May, 2018, totaling four ounces.  On June 8, 2018, law enforcement stopped his vehicle to arrest him on outstanding warrants.  Law enforcement located $7,520 in Ramirez’s front pants pocket, of which $2,900 was drug buy funds used during one of the May controlled purchases of methamphetamine.

Paul Alan Sandersfeld.  On February 1, 2019, Paul Alan Sandersfeld (age 39) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 4 years of supervised release.  Sandersfeld was convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine) on August 20, 2018.  Officers had seized over 180 grams of methamphetamine and $13,530 in cash.  Sandersfeld purchased it from others and sold it in the Sioux Falls area.

Devlin Tommeraasen.  On February 1, 2019, Devlin Tommeraasen (age 24) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 3 years of supervised release.  Tommeraasen was convicted of conspiracy to distribute heroin.  The heroin was laced with fentanyl.  Tommeraasen sold the drugs that led to the death of another person.

John Edward Monette.  On February 1, 2019, John Edward Monette (age 50) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison, followed by 3 years of supervised release.  Monette was convicted of Conspiracy to Distribute a Controlled Substance on November 15, 2018.  On April 25, 2018, a federal search warrant was executed on Monette’s residence.  Law enforcement officers seized approximately 838 grams of MDMA, numerous ecstasy pills, approximately 69 grams of cocaine, drug packaging, scales, shipping materials, computers, cell phones, and a rifle.  Also seized were 3.3882104 Bitcoin (approximate value $32,464.38) from a Mycelium wallet on Monette’s cell phone.  Monette had been buying MDMA and other controlled substances from sellers in Europe and elsewhere via the Dark Web.  He used Bitcoin to pay his suppliers, and received the drugs via mail.  He also used the mail to deliver drugs to his customers.

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.

Many of these cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

The cases listed above are being investigated by the Sioux Falls Area Drug Task Force, Northern Plains Safe Trails Drug Enforcement Task Force based in both Rapid City and Pierre, Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Unified Narcotics Enforcement Team (UNET), U.S. Postal Service, U.S. Department of Health and Human Services OIG/OI, Bureau of Indian Affairs (BIA), South Dakota Division of Criminal Investigation (DCI), South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, Pennington County Sheriff’s Office, Rapid City Police Department, Oglala Sioux Tribe Department of Public Safety, Rosebud Sioux Tribe Law Enforcement Services, Cheyenne River Sioux Tribe Law Enforcement Services, Yankton Police Department, Pierre Police Department, Mobridge Police Department, and the South Dakota National Guard.

Assistant U.S. Attorneys John Haak, Jennifer Mammenga, Meghan Dilges, Tamara Nash, Benjamin Patterson, Kathryn Rich, Michael Elmore, Cameron Cook, and Gina Nelson are prosecuting the cases.

United States Attorney Ron Parsons has announced the following charges and pleas in cases, identified below, brought by the Guardians Project, a collaborative federal law enforcement initiative in the District of South Dakota designed to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those responsible for adversely affecting those living in South Dakota’s Indian country communities.

Led by the U.S. Attorney’s Office, participating federal agencies in the Guardians Project  include: the Federal Bureau of Investigation; 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; and the 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.

Business Owner Indicted for Bribery Related to Programs Receiving Federal Funds

John Thomas German, age 35 of Peever, South Dakota, was indicted on January 8, 2019, on three counts of bribery concerning programs receiving federal funds.  German appeared before U.S. Magistrate Judge William D. Gerdes on January 24, 2019, and pleaded not guilty to the Indictment. 

The Indictment alleges that on or about November 6, 2017, November 17, 2017, and between January 1, 2018, and August 10, 2018, in the District of South Dakota, John Thomas German, Jr., did corruptly give, offer, and agree to give a thing of value to any person intending to influence and reward an agent of the Dakota Nations Development Corporation, in connection with a transaction and series of transactions of the Dakota Nations Development Corporation involving $5,000 or more. 

The maximum penalty upon conviction is up to 10 years in prison, and/or a $250,000 fine, or both, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

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

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

Idaho Business Owner and His Company Plead Guilty to Wire Fraud and Conspiracy Charges for defrauding Oglala Sioux Tribe

Christopher A. Hoshaw, age 45, of Meridian, Idaho, appeared before U.S. District Judge Karen E. Schreier on January 28, 2019, and pleaded guilty to an Information that charged him with Wire Fraud.  Hoshaw also appeared on behalf of his Boise-based company, All Around Sports, LLC, which pleaded guilty to Conspiracy to Commit Wire Fraud.

According to documents filed with the Court, beginning at a time unknown but no later than on or about December 2015, and continuing through December 2016, in the District of South Dakota and elsewhere, All Around Sports, LLC, with others known and unknown to the United States, did conspire to commit the offense of wire fraud.  Through company representatives, All Around Sports, LLC, willfully and unlawfully devised a scheme to defraud and obtain money and property from others by means of false and fraudulent pretenses, representations, and promises.  Those representatives knowingly participated, using the company as a conduit, by receiving money transfers from sources they knew were the victims of the fraudulent scheme.  Those representatives also acted willfully for the purpose of enriching the company and themselves.  The object of the conspiracy was to enrich the owner, managers, and employees of All Around Sports, LLC, by fraudulently obtaining funds.

On or about May 11, 2016, in the District of South Dakota and elsewhere, Christopher A. Hoshaw devised and intended to devise a scheme to defraud the Oglala Sioux Tribe, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises.  For the purpose of executing the scheme, Hoshaw knowingly caused to be transmitted by means of wire communication in interstate commerce the withdrawal of funds from a banking account belonging to the Oglala Sioux Tribe, at The First National Bank of Gordon in Gordon, Nebraska, to an account belonging to All Around Sports, LLC, at Idaho Central Credit Union in the State and District of Idaho. The amount of the wire transfer was $54,000. 

A sentencing date was set for April 22, 2019.  Hoshaw was released on bond pending sentencing.  Another defendant, Kristin DeBoer previously pleaded guilty for her role in the fraud scheme on July 30, 2018.  DeBoer was released on bond pending sentencing.  Her sentencing date is set for May 6, 2019.

The maximum penalties that the company faces for Conspiracy to Commit Wire Fraud are probation, $500,000 fine, $400 special assessment to the Victim’s Assistance Fund, restitution, and forfeiture.  The maximum penalties that Hoshaw and DeBoer face for Wire Fraud are 20 years in federal prison, $250,000 fine, or both imprisonment and a fine, a term of 3 years of supervised release, a $100 special assessment to the Victim’s Assistance Fund, restitution, and forfeiture.

These investigations are being conducted by the U.S. Department of Health and Human Services, Office of the Inspector General.  The cases are being prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.

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

Gregory Sperlich, age 48, was indicted on January 22, 2019.  He appeared before U.S. Magistrate Judge Veronica Duffy on January 28, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 1 year in prison and/or a $100,000 fine, and $25 to the Federal Crime Victims Fund for each Count.  Restitution may also be ordered. 

The Indictment alleges that Sperlich did willfully fail to pay the income and self-employment tax due to the Internal Revenue Service by April 15, 2013, through April 15, 2016, for the filed taxes due for the calendar years 2012―2015.

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

The investigation is being conducted by the Internal Revenue Service, Criminal Investigation.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Sperlich was released on bond 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 Criminal Contempt.

Charles Black Spotted Horse, age 26, was indicted on January 22, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 6 months in federal prison and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on December 26, 2018, Black Spotted Horse disobeyed and resisted an order and command of the U.S. District Court, in that he failed to self-report for arrest and left the federal building.

The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty. 

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

Black Spotted Horse 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 multiple corporate defendants convicted of Conspiracy to Commit Wire Fraud and one individual defendant convicted of Wire Fraud were sentenced on January 14, 2019, by U.S. District Judge Karen E. Schreier. 

Wallace Tang, age 55, of Alamo, California, was sentenced to 2 years of probation and ordered to pay $1,084,418.60 in restitution jointly with three Bay Area corporations.  Tang was also ordered to pay $100 to the Federal Crime Victims Fund.  Laserlith Corporation, Black Hills Nanosystems Corporation, and Blue Sky Engineering Inc., were also sentenced by and through Tang, Gina Kim, and Sine Chao, respectively, who were the corporate representatives. 

As part of the plea agreements filed with the Court, the defendants paid restitution totaling $1,084,418.60.  The restitution was paid at the time each defendant appeared to plead guilty.  All of the corporations, as a result of the successful investigation and prosecution, are now defunct and no longer operational.  The amount of criminal restitution represents the monies derived from the defendants’ fraudulent conduct perpetrated against the National Aeronautics and Space Administration (“NASA”), the National Science Foundation (“NSF”), and the Department of Energy (“DoE”).

“Since its inception, the space program has been a symbol of American hope and progress,” said U.S. Attorney Parsons.  “When these defendants defrauded NASA and other governmental departments committed to the advancement of scientific knowledge, they were not only ripping off the American taxpayer, they were stealing a part of our future.”

“The NASA Office of Inspector General (“OIG”) will aggressively investigate any attempt to defraud NASA grants, contracts, and operations,” said NASA Inspector General Paul Martin. “The NASA OIG appreciates the cooperative efforts of the entire investigative and prosecution team during this multi-year investigation.”

“The Small Business Innovation Research Program and Small Business Transfer Technology Research Program are valuable tools in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” commented Allison Lerner, the Inspector General for NSF.  “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”

“The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation,” stated Teri Donaldson, Department of Energy Inspector General.  “These sentencings serve as a reminder that fraud in the SBIR Program will not be tolerated.  The Office of Inspector General remains committed to ensuring the integrity of our programs by holding accountable those who attempt to hide behind sophisticated schemes.  We appreciate the efforts of the DOJ in pursuing this matter and will continue to work aggressively with our investigative partners to pursue those who seek to defraud government programs.”

At the times relevant to this case, NASA, NSF, and DoE participated in the Small Business Innovation Research (“SBIR”) Program and Small Business Transfer Technology Research (“STTR”) Program through which Defendants sought and obtained federal funds.  Federal SBIR and STTR grant and contract award payments were electronically transferred from the associated federal agency, through the U.S. Department of the Treasury, and then wired to a business bank account identified by the defendants.  The defendants also used wires to transmit interstate communications to and from South Dakota.

Beginning in approximately 2012, and continuing through 2016, within the State and District of South Dakota and elsewhere, Blue Sky Engineering Inc., Black Hills Nanosystems, and Laserlith unlawfully and knowingly conspired and agreed together to devise a scheme to defraud and obtain money and property from NASA, NSF, and DoE.  The defendants defrauded these federal agencies through false and fraudulent representations and by sending electronic wire communications in interstate and foreign commerce.  The purpose of the corporate-defendants’ conspiracy was to obtain federally-funded projects by and through material misrepresentations, statements, and omissions, thereby depriving the United States the ability to fund other small businesses and resulting in the enrichment of Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and Tang.

According to the parties’ plea agreements, the corporate-defendants committed the following acts, as well as others, in South Dakota and elsewhere:

-        The corporate-defendants applied for and received federal awards for essentially equivalent work, or portions thereof, concealing the existence of the awards and the relationships between related companies from the awarding agencies.

-        During the application process, the corporate-defendants misrepresented the existence and use of distinct company facilities, equipment, and operations in South Dakota and North Dakota, and elsewhere outside of California.  These representations and statements were false in that all of the companies were co-located in a common facility in Richmond, California, sharing the same resources and performing essentially equivalent work, or portions thereof.

-        The corporate-defendants’ fraudulent conduct included the preparation and submission of proposals for awards under the NSF, NASA, and DOE programs, specifically involving costs, employees, the eligibility of principal investigators, suitability of facilities, location of facilities, subcontractors, consultants, letters of support, and certifications submitted to NSF, NASA, and DOE.  As a result of the corporate-defendants’ conduct, fraudulently-obtained NSF, NASA, and DOE contracts were awarded, totaling $1,084,418.60 between Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and others.

As to Tang’s individual guilty plea, on January 28, 2015, Tang executed the aforementioned scheme to defraud the United States and its agencies and to obtain money and property by means of false representations, and promises relating to material facts. Specifically, Tang knowingly sent a wire communications in interstate or foreign commerce as follows: a wire communication from MicroAssembly, by and through Defendant Blue Sky Engineering Inc., as general contract, and with Black Hills Nano serving as subcontractor, containing NASA proposal numbered H8.03-8999, entitled “Low Cost Multi-Junction Photovoltaic Panels.”  This proposal was fraudulent and contained material representations in that it contained “essentially equivalent work,” or a portion thereof, to proposals submitted as part of the conspiracy, as set forth above and as alleged in the Information, between Defendants Blue Sky Engineering Inc., MicroAssembly, Laserlith, and Black Hills Nano.  After transmitting this wire containing fraudulent and material representations, Defendant Tang withdrew the proposal from NASA.  Although NASA proposal numbered H8.03-8999 was later withdrawn, Defendant Tang submitted the proposal with the intent to defraud NASA.

This case was investigated by NASA OIG, NSF OIG, and DoE OIG.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

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

Daniel Brown, age 28, was indicted on January 8, 2019.  He appeared before Judge William D. Gerdes on January 10, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 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.

According to the indictment, on or about September 8, 2018, in Bullhead, Daniel Brown unlawfully killed another person by operating a motor vehicle recklessly, and while under the influence of alcohol and a controlled substance. 

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

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

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

United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gary Lewis Halfe, age 62, was sentenced on January 4, 2019, to 33 months in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Halfe, who is a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, knowingly failed to register and update his registration between December 2017 and February 2018.

This case was investigated by the U.S. Marshal Service.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

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

United States Attorney Ron Parsons announced that a Wounded Knee, South Dakota, man convicted of Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Darwin Wade Red Cloud, a/k/a Darwin Raisch, age 26, was sentenced on January 3, 2019, to 4 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.

Red Cloud was charged on October 12, 2015.  The conviction stems from Red Cloud knowingly failing to provide sufficient sustenance to an infant, which resulted in the baby’s death, between August and October 2014 at Wounded Knee.      

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services.  Assistant U.S. Attorneys Sarah B. Collins and Ben Patterson prosecuted the case.

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

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

Chelsea Okiya Wi Nixon, age 22, was indicted on December 11, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 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 August 18, 2018, Nixon unlawfully killed another human being, a minor child, by asphyxiating the child in a grossly negligent manner.  The Indictment further alleges that Nixon did abuse, expose, torture, torment, and cruelly punish the minor child.

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

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

Nixon 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 Sioux Falls, South Dakota, man convicted of 25 counts of False Claims, and 5 counts of Wire Fraud, was sentenced on January 4, 2019, by U.S. District Judge Karen E. Schreier.

Jacques Eviglo, d/b/a Global Income Tax Services, age 37, was sentenced to 60 months in federal prison for Counts 1 through 25, 108 months in federal prison for Counts 26 through 30, all to be served concurrently, followed by 2 years of supervised release, restitution in the amount of $2,543,286.41, and a special assessment to the Federal Crime Victims Fund in the amount of $3,000.

Eviglo was indicted by a federal grand jury on January 23, 2018.  

The conviction stemmed from incidents between February 21, 2015, and March 14, 2017, when Eviglo, doing business as Global Income Tax Services located in Sioux Falls, prepared and electronically filed federal income tax returns for clients.  Eviglo claimed large, false itemized deductions on hundreds of those returns.  These false deductions were used to lower the federal tax liability on the returns and falsely inflate the refund amounts.  The clients did not provide Eviglo with the false information he submitted to the United States government.

Eviglo then utilized a third party company as an intermediary to receive and disburse his clients’ federal income tax refund payments instead of having the payments directly deposited into his clients’ bank accounts.  Unbeknownst to his clients, Eviglo skimmed additional “fees” from those refund payments.  Eviglo kept the skimmed portion for himself.  The total amount Eviglo skimmed exceeded $800,000 over a four-year period of time.

This case was investigated by the Internal Revenue Service – Criminal Investigation.  Assistant U.S. Attorney Ann M. Hoffman and Criminal Division Deputy Chief John E. Haak prosecuted the case.

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 20, 2018, by U.S. District Judge Karen E. Schreier.

Khio Khaoon, age 54, was sentenced to 12 months and 1 day 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.

Khaoon was indicted by a federal grand jury on April 4, 2018.  He pled guilty on September 28, 2018.

The conviction stemmed from an incident on September 29, 2017, when law enforcement executed a search warrant at Khaoon’s residence and found a Harrington & Richardson .32 double-action revolver, a Stevens-Springfield .22 caliber Rifle, and 225 rounds of ammunition.  Khaoon was prohibited from possessing the guns because he had previously been convicted of a serious misdemeanor in 2003 for carrying weapons and possession of amphetamine, as well as in 2009 for felony possession of a controlled substance. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. 

This case was investigated by the Sioux Falls Police Department, the South Dakota Department of Game, Fish & Parks, and the federal Bureau of Alcohol, Tobacco, Explosives, and Firearms.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Child Abuse was sentenced on January 3, 2019, by U.S. District Judge Roberto A. Lange.

Maria Big Crow, age 26, was sentenced to 14 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.

Big Crow was indicted by a federal grand jury on June 12, 2018.  She pled guilty on October 18, 2018.

The conviction stemmed from an incident that occurred on October 22, 2017, near Rosebud.  After consuming multiple alcoholic beverages, Big Crow and several passengers, including two small children, departed their location in a vehicle operated by Big Crow.  Big Crow lost control of the vehicle, after drifting onto the shoulder and overcorrecting, causing the vehicle to leave the roadway and roll.  One of the children was seriously injured in the wreck. 

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

Big Crow 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 Assault With a Dangerous Weapon was sentenced on January 22, 2019, by U.S. District Judge Roberto A. Lange.

Ervin Burning Breast, Jr., age 23, was sentenced to 41 months in federal prison, followed by 2 years of supervised release.  Burning Breast was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

The conviction stemmed from an incident that occurred in Rosebud on July 2, 2017, wherein Burning Breast assaulted another man with brass knuckles.  The victim suffered serious injuries, including a fractured orbital bone, as a result of the assault. 

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

Burning Breast 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 Failure to Register as a Sex Offender was sentenced on January 2, 2019, by U.S. District Judge Roberto A. Lange.

Ehoni Johns, age 21, 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.

Johns was indicted by a federal grand jury on August 13, 2018.  He pled guilty on November 6, 2018.

The conviction stemmed from when Johns, who is required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration between November 6, 2017, and January 6, 2018.

This case was investigated by the U.S. Marshal Service.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Concealing Person from Arrest.

Carmen Burgee, age 52, was indicted on December 11, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on December 31, 2018, 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 between September 14, 2016, and October 12, 2018, Burgee harbored and concealed an individual who had a felony arrest warrant issued for his apprehension.

The charge is merely an accusation and Burgee 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.   

Burgee was released on bond 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 Assaulting, Resisting, and Impeding a Federal Officer.

Loren Goodlow, age 29, was indicted on October 16, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 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 August 28, 2018, Goodlow did forcibly assault, resist, oppose, impede, and interfere with a Bureau of Indian Affairs Correction Officer, while they were performing their official duties.

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

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Goodlow was released on bond pending trial.  A jury trial has been scheduled for April 2, 2019. 

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Abusive Sexual Contact.

Everett Joseph Menard, a/k/a Everette J. Menard, age 20, was indicted on October 16, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 17, 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.

The Indictment alleges that on September 27, 2018, Menard assaulted an individual and that the assault resulted in serious bodily injury.  The Indictment further alleges that Menard did knowingly engage in sexual contact by the use of force with the same individual.

The charges are merely accusations and Menard 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.   

Menard 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 Sioux City, Iowa, man convicted of Interference with Commerce by Threats and Violence was sentenced on December 20, 2018, by U.S. District Judge Karen E. Schreier.

Caleb Robert Babb, age 35, was sentenced to 44 months in federal prison, followed by 3 years of supervised release, restitution in the total amount of $3.950.28, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Babb was indicted by a federal grand jury on February 6, 2018.  He pled guilty on September 24, 2018.

The conviction stemmed from an incident on November 29, 2016, when Babb robbed the Glass Palace, located in North Sioux City, South Dakota.  At that time, the Glass Palace was a restaurant and casino.  Babb entered the Glass Palace wearing a black ski mask, dark sunglasses, black gloves, and armed with a BB gun that looked like a real handgun.  He displayed the firearm to a Glass Palace employee and ordered her to take money from the cash register and place it into a bag.  Babb then took the bag with money from the register and left the premises.  As part of his sentence, Babb was ordered to pay restitution for money he stole from three other businesses in South Dakota.

This case was investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact of a Person Incapable of Consent, was sentenced on December 17, 2018, by U.S. District Judge Roberto A. Lange.

Darrell Touche, age 44, 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.

Touche was indicted by a federal grand jury on February 14, 2018.  He pled guilty on October 2, 2018.

The conviction stemmed from an incident between October 20, 2016, and October 21, 2016, when Touche knowingly engaged in abusive sexual contact with an individual with the intent to abuse, humiliate, harass, and degrade them, when the victim was incapacitated.  

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

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

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

Dee Hawk Moran, age 23, was indicted on January 23, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 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, 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 between September 1, 2015, and June 16, 2017, Moran knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Moran 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 Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

KT Burgee, a/k/a, Kape Teal Burgee, age 24, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2018, 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.

The Indictment alleges that between September 18, 2016, and October 11, 2018, Burgee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, having traveled in interstate and foreign commerce, and did enter, leave, and reside in Indian country, did knowingly fail to register and update his registration.

The charge is merely an accusation and Burgee 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.

Burgee 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 Cherry Creek, South Dakota, woman has been indicted by a federal grand jury for Tampering and Misprision of a felony.

Iris Dupris, age 31, was indicted on December 18, 2018.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 8, 2015, and September 16, 2017, Dupris was giving money to a minor to prevent them from communicating with law enforcement on information of a federal offense involving aggravated sexual abuse of a child and assault with a dangerous weapon.  Dupris is further charged with having knowledge of the felony and not making it known to a judge or other person of civil authority.

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

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

Dupris 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 Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Assault with a Dangerous Weapon, and Child Abuse.

Brandon Iron Shell, age 30, was indicted on December 18, 218.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 7, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 8, 2015, and September 16, 2017, Iron Shell engaged in, and attempted to engage in, sexual acts with minors who had not yet attained the age of 12 years old, and further abused and assaulted children with a dangerous weapon.

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

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

Iron Shell 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 Black Hawk, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person, was sentenced on January 4, 2019, by U.S. District Judge Roberto A. Lange.

Zachary Alto, age 24, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, forfeiture of a firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Alto was indicted by a federal grand jury on May 15, 2018.  He pled guilty on October 18, 2018.

The conviction stemmed from an incident that occurred on July 12, 2017, where Alto, being an unlawful user of, and addicted to a controlled substance, knowingly possessed two firearms.  Law enforcement made contact with Alto and a co-defendant during the middle of a drug transaction, where the 2 firearms and 14 grams of methamphetamine were seized.

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 Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Meghan N. Dilges prosecuted the case.

Alto 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 convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jaelen Thunder Bull, age 23, was sentenced on January 11, 2019, to 3 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Thunder Bull engaging in a sexual act with a minor female in July 2017 at Allen.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

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

United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Abusive Sexual Contact was sentenced on December 19, 2018, by U.S. District Judge Roberto A. Lange.

Duane Mednansky, age 49, was sentenced to 14 months in federal prison, followed by 5 years of supervised release, a $3,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Mednansky was indicted by a federal grand jury on August 16, 2017.  He pled guilty on September 24, 2018.

The conviction stemmed from an incident that occurred between May 1, 2013, and September 1, 2013, wherein Mednansky engaged in sexual contact with a teenage girl who was in his care.

This case was investigated by the Federal Bureau of Investigation, the South Dakota Attorney General’s Office Division of Criminal Investigation, the Mellette County Sheriff’s Office, and the Watertown Police Department.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Mednansky 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 has been indicted by a federal grand jury for Assault by Strangulation and Suffocation and Child Abuse.

Edward Leon Wilson, a/k/a Eddie Wilson, age 36, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2018, 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 September 16, 2018, Wilson did unlawfully assault an intimate partner and dating partner, by strangulation and suffocation.  The Indictment further alleges Wilson did abuse, expose, torture, torment, and cruelly punish a minor child.

The charges are merely accusations and Wilson 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.   

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