District of South Dakota

United States Attorney Ron Parsons announced that a Madison, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Conspiracy to Launder Monetary Instruments, and Use of a Fraudulent Identification Document was sentenced on September 24, 2018, by U.S. District Judge Karen E. Schreier.

Alex Lopez-Nicolas, age 24, was sentenced as follows:  On the methamphetamine and money laundering conspiracies, 120 months in federal prison on each count, to run concurrent, followed by 5 years of supervised release on the methamphetamine conspiracy and 3 years of supervised release on the money laundering conspiracy, to run concurrent.  He was also ordered to pay $200 to the Federal Crime Victims Fund.

On the fraudulent document charge, he was sentenced to 60 months in federal prison, to be followed by 3 years of supervised release, both to run concurrent to the sentences received on the conspiracies.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Lopez-Nicolas was indicted for using a fraudulent Permanent Resident card by a federal grand jury on January 9, 2018, and for conspiracy to distribute 500 grams or more of methamphetamine and conspiracy to launder monetary instruments by a federal grand jury on January 9, 2018.  He pled guilty to all of the offenses on June 11, 2018.

On January 9, 2017, Lopez-Nicolas applied for work at a business in Madison.  At that time, he provided the employer with a fraudulent Permanent Resident card as proof of his eligibility for employment.

From on or about January 1, 2017, to November 15, 2017, Lopez-Nicolas had multiple conversations with a confidential informant about setting up methamphetamine transactions with a co-conspirator.  He also deposited cash from the sale of methamphetamine into several Wells Fargo Bank accounts, none of which were in his name, to conceal the source of the cash. 

This case was investigated by Homeland Security Investigations, the Internal Revenue Service, the Drug Enforcement Administration, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorneys Jennifer D. Mammenga and Connie Larson prosecuted the case.

Lopez-Nicolas 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 convicted of Third Degree Burglary and Aiding and Abetting was sentenced on September 17, 2018, by U.S. District Judge Roberto A. Lange.

Henry James Three Legs, age 30, was sentenced to 2 months in federal prison, 10 months of home confinement, 2 years of supervised release, restitution in the amount of $23,390.65, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Three Legs was indicted by a federal grand jury on July 17, 2013.  He pled guilty on June 25, 2018.

Three Legs’ conviction is the result of a June 2012 break-in at the Howard V. Johnson Cultural Heritage Center for the Cheyenne River Sioux Tribe in Eagle Butte.  Three Legs and Brian One Feather broke into the facility and took approximately $37,420 worth of cultural and craft items belonging to the Cultural Center. 

One Feather was previously sentenced on January 29, 2014, to 18 months in federal prison and 2 years of supervised release for Third Degree Burglary and Aiding and Abetting.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Three Legs is to turn himself over to the custody of the U.S. Marshals Service on October 1, 2018, at 2:00 p.m.

United States Attorney Ron Parsons announced that Adrian Bryce Spotted Horse, Sr., age 39, of Wakpala, South Dakota, was sentenced to 57 months in federal prison for his conviction of Domestic Assault by an Habitual Offender. 

U.S. District Judge Charles B. Kornmann pronounced the sentence in federal court in Aberdeen, South Dakota.  Spotted Horse was also ordered to serve three years of supervised release after his release from prison and to pay a $100 special assessment to the Federal Crime Victims Fund.  

According to court filings, Spotted Horse unlawfully committed a domestic assault upon his domestic partner, when at the time of the assault he had a final conviction on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or an intimate partner.  As a result of Spotted Horse’s criminal conduct, the victim sustained injuries and received medical treatment.  This assault took place in March 2018.

The investigation is being conducted by the Bureau of Indian Affairs-Office of Justice Services.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

Spotted Horse was immediately remanded to custody to continue serving his sentence.

United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on September 24, 2018, by U.S. District Judge Roberto A. Lange.

Dana Marshall, age 32, was sentenced to 46 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Marshall was indicted by a federal grand jury on February 14, 2018.  He pled guilty on June 25, 2018.

The conviction stemmed from an incident on December 11, 2017, when Marshall had been drinking and became upset with two individuals and grabbed a wooden rod which was wrapped in black electrical tape, with a knife blade attached on one end by a hose clamp.  Marshall struck the first victim in the face with the wooden rod.  He also kicked her.  When the second victim attempted to intervene, Marshall shoved the first victim down, and turned on the second victim.  Marshall then started to hit the second victim with the wooden rod, and also kicked her.  Marshall was holding the second victim against the wall hitting her.  Marshall held the stick and began jabbing the second victim with the end of the wooden rod with the knife on it.  He would not let either victim leave the room.  Other people in the house contacted law enforcement.   When law enforcement arrived, both victims were covered with blood, and there was also blood on the walls and the bed.  Both victims with were taken by ambulance to the hospital and received medical attention.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Ron Parsons announced that Christopher Lamont Bradshaw, age 27, of Tucson, Arizona, was found guilty of Conspiracy to Distribute a Controlled Substance and Possession With Intent to Distribute a Controlled Substance, as a result of a federal jury trial in Pierre, South Dakota. 

The charges carry a mandatory minimum federal prison sentence of 5 years and up to 40 years and/or a $5,000,000 fine, up to a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Bradshaw was indicted by a federal grand jury on August 16, 2017, and was tried by a petit jury from September 17 to September 20, 2018. 

The jury found Bradshaw guilty of conspiring with at least one other person to distribute 50 grams or more of methamphetamine between March 1, 2017 and August 16, 2017.

The jury also found Bradshaw guilty of possession with intent to distribute 50 grams or more of methamphetamine on April 27, 2017, near Rosebud, South Dakota.  On that day, officers with the Rosebud Sioux Tribe Law Enforcement Services served a search warrant on a residence believed to be occupied by Bradshaw and Antonio Foster.  When law enforcement arrived, Bradshaw and Foster fled in the vehicle driven by Bradshaw and on foot.  Officers found 89 grams of meth in the field where Foster had fled, and seized a total of $5,382 in U.S. currency from Foster’s person and Bradshaw’s vehicle.

Foster was sentenced on April 30, 2018, to 60 months in federal prison.

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

A presentence investigation was ordered and a sentencing date was set for December 10, 2018. Bradshaw was remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS – United States Attorney Ron Parsons joined the Department of Justice in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.  Included in that amount for the District of South Dakota was $414,626 for the Rosebud Sioux Tribe, and $339,925 for the Sisseton Wahpeton Tribe.

“I am grateful for this substantial investment in local public safety by the Department of Justice,” said U.S. Attorney Parsons.  “Through our partnerships with Tribal governments, we are committed not only to prosecuting violent crime and domestic abuse offenders in Native American communities, but to aiding victims with the resources needed to recover, persist, and overcome.”

Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs.  Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.

In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities.  The awards are intended to help tribes develop, expand, and improve services to victims of crime by providing funding, programming and technical assistance.  Recipients will be announced in the near future. 

“With these awards, we are doubling the amount of grant funding devoted to public safety programs and serving victims of crime in Native American communities,” said Principal Deputy Associate Attorney General Jesse Panuccio, who made the announcement during his remarks at the 26th Annual Four Corners Indian Country Conference in Santa Fe, New Mexico.  “There is an unacceptable level of violent crime and domestic abuse in American Indian and Alaska Native communities.  This increase in resources, together with our aggressive investigation and prosecution of crimes, shows how seriously Attorney General Sessions and the entire Department of Justice take these issues.  We are committed to reducing violent crime and improving public safety.”

The Four Corners Conference is facilitated annually by U.S. Attorneys from Arizona, Colorado, New Mexico and Utah to provide a forum for discussion of justice-related topics with a large number of populous and diverse tribal nations located in the region.

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

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

A listing of the CTAS awards is available at www.justice.gov/tribal/page/file/1095161/download.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 17, 2018, by U.S. District Judge Roberto A. Lange.

Carlos Eddie Charging Elk, age 26, was sentenced to 16 months in federal prison, followed by 3 years of supervised release, forfeiture of the firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Charging Elk was indicted by a federal grand jury on February 14, 2018.  He pled guilty on June 27, 2018.

The conviction stemmed from an incident that occurred on December 19, 2017, when the Rosebud Sioux Tribe Law Enforcement Services responded to a report of an individual in Mission, acting erratically and holding a firearm.  Charging Elk had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, making it illegal for him to possess firearms.

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.   Attorney General Jeff Sessions 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 Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Sexual Abuse, and Abusive Sexual Contact with a Child.

Elliot Brave, a/k/a Elliot Ladeaux, age 38, was indicted on September 11, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 2018, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund for each count.  Restitution may also be ordered.

The Indictment alleges that between December 1, 2017, and January 14, 2018, Brave knowingly engaged in, and attempted to engage in, sexual acts with a minor male and multiple minor females.

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

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

Brave 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 Howes, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Roderick Dupris, age 45, was indicted on September 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 14, 2018, 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 May 24, 2018, Roderick did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer, while the officer was assisting federal law enforcement officers, and said conduct involved the use of a dangerous weapon, that is a pickup.

The charge is merely an accusation and Dupris 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.   

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by A Prohibited Person was sentenced on September 17, 2018, by U.S. District Judge Roberto A. Lange.

Christian Kersten, age 30, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, forfeiture of the firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Kersten was indicted by a federal grand jury on February 14, 2018.  He pled guilty on July 10, 2018.

The conviction stemmed from an incident that occurred on January 22, 2018, when a Cheyenne River Sioux Tribe officer made a traffic stop and Kersten was on occupant of the vehicle.  Following a search of the vehicle, law enforcement recovered a firearm in the location Kersten had been occupying.  Kersten had been convicted of a crime punishable by imprisonment for a term exceeding one year, was a fugitive from justice, and was an unlawful user of and addicted to a controlled substance, making it illegal for him to possess firearms.

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.  Attorney General Jeff Sessions 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 Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

John Darren Johnson, age 31, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 20, 2018, 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 2, 2018, Johnson did forcibly assault, resist, oppose, impede, intimidate, and interfere with a Cheyenne River Sioux Tribe Police Officer while the officer was engaged in their official duties, and said contact did involve physical contact with the police officer.

The charge is merely an accusation and Johnson 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.   

Johnson was released to a third party custodian pending trial.  A trial date has not been set.

SIOUX FALLS, SD – United States Attorney Ron Parsons announced that the U.S. Attorney’s Office for the District of South Dakota, together with Avera Health, hosted a conference on “Addiction and Suicide: Communities in Crisis” on September 6, 2018 at the Sioux Falls Convention Center.

One of the highest priorities of the United States Department of Justice, as outlined by Attorney General Jeff Sessions, is to reduce drug overdose deaths. “We are currently facing an addiction crisis of historic proportions: 64,000 Americans lost their lives to drug overdoses in 2016, the highest drug death toll and fastest increase in American history. In 2017, 72,000 American lost their lives to drug overdoses. That’s almost half of the population of Sioux Falls – vanishing in a single year. For Americans under the age of 50, drug overdose is now the leading cause of death. That wasn’t true even five years ago,” said U.S. Attorney Ron Parsons. “These are not just numbers – they are moms, dads, daughters and sons, spouses, friends, and neighbors. Addiction and suicide touch all levels of society, in every part of our state: large cities, small towns, Indian reservations, and rural areas alike.”

Suicide is also a growing problem across the nation and in South Dakota. “The state Department of Health reported 192 suicide deaths in South Dakota last year – the highest number ever recorded in the state. Suicide is third highest cause of death for children ages 5-14 in the state, and the second highest cause of death for young adults ages 15-24,” said Deb Fischer-Clemens, Senior Vice President for Public Policy at Avera Health. “Addiction and suicide are interrelated problems that are hitting right in the heart of America, right where we live.”

The keynote speaker for the conference was Ryan Leaf, former NFL player and collegiate football coach, who experienced addiction to prescription opioids and now is a voice for recovery, with a mission to reach anyone in need of hope.

More than 400 conference attendees also heard stories from individuals who had personal or family experience with the tragedies of addiction, depression and suicide. U.S. Attorney Parsons moderated a panel on Drug Crisis Intervention and Prevention with Dr. Benjamin Aaker, Emergency Medicine Specialist with Avera Medical Group, Sioux Falls Police Chief Matt Burns, and Dr. Kenneth Snell, Minnehaha County Coroner and Medical Examiner. In addition, Janet Kittams, President of the Helpline Center, and J.R. LaPlante, Director of Tribal Relations at Avera, moderated panels on the topic of Suicide Crisis Intervention and Prevention in general and from a tribal perspective.

This was the fifth annual conference sponsored by Avera and the U.S. Attorney’s Office to explore issues of justice, well-being and safety in our state and region. Past topics have included human trafficking, living with disabilities, child sexual abuse and the opioid epidemic.

The goal of the conference was to reduce overdose and suicide deaths by opening up a larger conversation between people from all walks of life in South Dakota. Attendees represented the legal system, government, health care, education, social work, ministries and more.

“I hope we can all consider ways in which we can reach out and intervene before that accident, before that arrest, before that overdose, before that suicide attempt or other moment of crisis,” said U.S. Attorney Parsons at the close of the conference. “And that we remember: there is always hope.”

United States Attorney Ron Parsons announced that a Fort Totten, North Dakota, woman has been indicted by a federal grand jury in North Dakota for Making False Statements to Federal Agency.

LaRon Greywater, age 44, was indicted on September 5, 2018. She appeared before U.S. Magistrate Judge Alice Senechal on September 10, 2018, in Grand Forks, North Dakota, and pled not guilty to the Indictment.

Greywater faces up to 15 years in federal prison and/or a $250,000 fine, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that Greywater, a former Bureau of Indian Affairs police officer, was on duty and driving in a BIA vehicle on September 20, 2017. She failed to stop at a stop sign and yield the right of way to other traffic at an intersection on the Spirit Lake Indian Reservation. A collision occurred and she allegedly made false representations about the brakes on her vehicle malfunctioning which caused the wreck.

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

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, Internal Affairs Division. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the United States Attorney General and United States Attorney Ron Parsons. Greywater was released on pretrial conditions pending trial. A jury trial date has not been set yet.

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 September 5, 2018, by U.S. District Judge Roberto A. Lange.

Timothy Red Elk, age 38, was sentenced to 14 months in federal prison, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Red Elk was indicted by a federal grand jury on May 15, 2018. He pled guilty on June 27, 2018.

The conviction stems from Red Elk, 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, did knowingly fail to register and updated his registration between March 14, 2018 and March 22, 2018.

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

Red Elk 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 Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

David Little Wounded, age 35, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 10, 2018, and plead not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between April 1, 2016, and August 13, 2018, Little Wounded knowingly and intentionally combined, conspired, confederated, and agreed with persons to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine. The Indictment also alleges on or about February 4, 2017, and June 3, 2017, Little Wounded, knowingly and intentionally possessed with the intent to distribute methamphetamine.

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

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

Little Wounded was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 30, 2018.

United States Attorney Ron Parsons announced that an Aberdeen, South Dakota woman convicted for her participation in a conspiracy to distribute 50 grams or more of methamphetamine was sentenced on September 10, 2018, by U.S. District Judge Karen E. Schreier.

Maria Alexa Keuseman, a/k/a Maria Alexa Kebseman, age 27, was sentenced to 135 months in custody to be followed by 8 years of supervised release. She was also ordered to pay $100 to the Federal Crime Victims Fund. Keuseman was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on August 8, 2018. She pled guilty on June 11, 2018.

Keuseman and her co-conspirator, David Dwayne Leemhuis, purchased methamphetamine to distribute in Sioux Falls, South Dakota and elsewhere. On June 8, 2017, law enforcement executed a search warrant on Keuseman’s home in Sioux Falls and located approximately 60 grams of methamphetamine in a safe and approximately 16 grams of methamphetamine in her purse.

This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

Keuseman 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 has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Roger Moran, age 65, was indicted on August 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 7, 2018, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between February 25, 2014 and August 23, 2018, Moran knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore 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 a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Michael Bernard Goldberg, age 35, was indicted on September 5, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 7, 2018, and pled not guilty to the Indictment.

Goldberg faces a minimum of 10 years in federal prison. The maximum penalty upon conviction is up to life in federal prison and/or a $1,000,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that beginning at a time uncertain and continuing until September of 2018, Goldberg knowingly and intentionally combined, conspired, confederated, and agreed together and with others, to distribute 500 grams or more of methamphetamine, which is a Schedule II controlled substance.

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

The investigation is being conducted by the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.

Goldberg was released on bond pending trial which has not been set yet.

Defendant Prosecuted as Part of The Guardians Project

United States Attorney Ron Parsons announced today that a Rosebud woman was sentenced in federal court as a result of her conviction for Embezzlement and Theft from an Indian Tribal Organization. Patricia Elaine Jones, 66, of Rosebud, SD, was sentenced on September 4, 2018, by U.S. Magistrate Judge Mark A. Moreno. Jones was sentenced to 24 months of federal probation. She was ordered to pay approximately $23,000 in restitution.

According to court documents filed in Jones’s case, between April 1, 2015, and March 31, 2016, she willfully and knowingly embezzled, misapplied, and converted to her own use monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization.

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

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

United States Attorney Ron Parsons announced that two Rosebud, South Dakota, men have been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Dallas Burning Breast, age 25, and Ervin Burning Breast, Jr., age 23, were indicted on February 14, 2018. Ervin Burning Breast, Jr., appeared before U.S. Magistrate Judge Mark A. Moreno on June 12, 2018, and pled not guilty to the Indictment.

Dallas Burning Breast made his initial appearance on the Indictment on April 10, 2018. On September 5, 2018, he appeared before U.S. District Judge Roberto A. Lange, and pled guilty to Assault Resulting in Serious Bodily Injury.

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

The Indictment alleges that on or about July 2, 2017, Dallas Burning Breast and Ervin Burning Breast, Jr., assaulted an individual with brass knuckles with the intent to do bodily harm, and the assault resulted in serious bodily injury.

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

A presentence investigation was ordered for Dallas Burning Breast and a sentencing date was set for November 26, 2018. Dallas Burning Breast was remanded to the custody of the U.S. Marshals Service pending sentencing.

Ervin Burning Breast, Jr., was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for November 13, 2018.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 6, 2018, by U.S. District Judge Roberto A. Lange.

Phillip Little Hoop, age 36, was sentenced to 17 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Little Hoop was indicted by a federal grand jury on September 12, 2017. He pled guilty on July 10, 2018. Little Hoop was convicted of Sexual Abuse of a Minor in December 2008. As a result of this conviction, he is required to register as a sex offender. In April 2017, Little Hoop was released from the Rosebud Sioux Tribe Adult Corrections Facility after serving a tribal custody sentence. He was aware of his obligation to update his sex offender registration after his release from custody, but he failed to do so. Between April 7, 2017 and May 11, 2017, Little Hoop failed to update his registration.

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

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

United States Attorney Ron Parsons announced that Dallas Burning Breast, age 25, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 5, 2018, and pled guilty to an Indictment that charged him with Voluntary Manslaughter.

Burning Breast was indicted on March 13, 2018, and made his initial appearance on the Indictment on April 10, 2018.

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.

In the early morning hours of March 5, 2018, Burning Breast was arguing with another man, the victim, at a house in Rosebud. The argument turned into a physical altercation and Burning Breast picked up a knife, which he used to stab the victim in the upper thigh. The knife penetrated the victim’s femoral artery, causing significant blood loss. The victim was subsequently pronounced dead at the Rosebud Indian Health Services Hospital in Rosebud.

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

A presentence investigation was ordered and a sentencing date was set for November 26, 2018. Burning Breast was remanded to the custody of the U.S. Marshals Service pending sentencing.

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 September 6, 2018, by U.S. District Judge Roberto A. Lange.

Joseph Blue Bird, age 31, was sentenced to 15 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Blue Bird was indicted by a federal grand jury on February 14, 2018. He pled guilty on June 27, 2018.

Blue Bird was convicted of Abusive Sexual Contact in February 2014. As a result of this conviction, he is required to register as a sex offender. He began his term of supervised release on November 9, 2017. He initially registered his address. On December 10, 2017, he absconded from supervision and did not update his registration as required by law.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 4, 2018, by U.S. District Judge Roberto A. Lange.

Christopher Arpan, age 52, was sentenced to 30 months in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Arpan was indicted by a federal grand jury on November 14, 2017. He pled guilty on June 12, 2018.

The conviction stems from an incident that occurred on August 24, 2017. Cheyenne River Sioux Tribe law enforcement was dispatched to a house in Eagle Butte, South Dakota, for a report of an individual bleeding from a head wound. Arpan had assaulted the individual by beating him about his head with a wooden cane; the beating caused serious bodily harm to the individual including 5 wounds to his head that required multiple staples to close.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced today that Wallace Tang, age 55, of Alamo, California, appeared in federal court in Sioux Falls, South Dakota, and pleaded guilty to Wire Fraud before U.S. District Judge Karen E. Schreier. Three Bay Area corporations also appeared in federal court before Judge Schreier and pleaded guilty to Conspiracy to Commit Wire Fraud. Laserlith Corporation, Black Hills Nanosystems Corporation, and Blue Sky Engineering, Incorporated, entered their guilty pleas by and through Tang, Gina Kim, and Sine Chao, respectively, who are the corporate representatives. As part of the plea agreements filed with the Court, the defendants also paid restitution totaling $1,084,418.60. The restitution was paid before the time each defendant appeared to plead guilty. 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 April G. Stephenson, Department of Energy Acting Inspector General. “These convictions 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 United States 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, 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, 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, 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 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, 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.

The maximum penalties that the corporations face for Conspiracy to Commit Wire Fraud are a $500,000 fine, a $400 special assessment to the Victim’s Assistance Fund, restitution, and forfeiture. The maximum penalties that Tang faces for Wire Fraud are 20 years in prison, a $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. The defendants’ sentencing hearing is set for December 3, 2018.

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

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 September 4, 2018, by U.S. District Judge Roberto A. Lange.

Bradley Makes Room For Them, age 33, was sentenced to 20 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Makes Room For Them was indicted by a federal grand jury on May 15, 2018. He pled guilty on June 27, 2018.

Makes Room For Them was convicted of Aggravated Sexual Abuse in September 2003. As a result of this conviction, he is required to register under the Sex Offender Registration and Notification Act. Makes Room For Them was convicted of Failure to Register as a Sex Offender in 2014 and again in 2016. In March 2018, Makes Room For Them was released from prison and began a period of supervised release. Initially Makes Room For Them properly updated his registration. In April 2018, Makes Room For Them updated his registration using a different address in Rapid City, but he subsequently failed to reside at that address. An arrest warrant was subsequently issued and on April 28, 2018, Makes Room For Them was arrested in Martin, South Dakota.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Makes Room For Them was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that two Mission, South Dakota, individuals have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Firearm During a Drug Trafficking Crime, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.

Walter Willard Wright, age 36, and Micole Lynn Menard, age 36, were indicted on August 13, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on August 31, 2018, and they both pled not guilty to the Indictment.

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

The Indictment alleges that on between October 1, 2016, and January 31, 2017, Wright and Menard knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. The Indictment further alleges that on January 18, 2017, Wright and Menard, being unlawful users of and addicted to a controlled substance, did knowingly possess multiple firearms. The charges are merely accusations and Wright and Menard are 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. Attorney General Jeff Sessions 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 Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Wright was released on bond, and 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 Lower Brule, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 4, 2018, by U.S. District Judge Roberto A. Lange.

Cody Joseph Crazy Bull, age 27, was sentenced to 60 months in federal prison, 3 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Crazy Bull was indicted by a federal grand jury on February 14, 2018. He pled guilty on June 12, 2018.

The conviction stems from an incident between October 14, 2017, and October 17, 2017, when Crazy Bull and his dating partner got into an argument and Crazy Bull verbally and physically assaulted her by briefly strangling her, grabbing and twisting her arm, and pulling chunks of her hair out.

At the time of the assault, Crazy Bull had a final conviction on at least two separate prior occasions, for offenses that would have been, if subject to Federal jurisdiction, an assault against a spouse and intimate partner.

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

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

United States Attorney Ron Parsons announced today that U.S. District Judge Charles B. Kornmann sentenced a Summit, South Dakota, man convicted of sexual abuse of a child on August 29, 2018.

Desi Duncan Campbell, age 39, was sentenced to 7 years in federal prison, followed by 5 years of supervised release, and ordered to pay $100 in a special assessment to the Federal Crime Victims Fund.

Between approximately 2004 and 2008, Campbell engaged in sexual acts with a child.  At the times of Campbell’s conduct, the victim was under the age of twelve. 

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

Campbell will self-surrender to federal prison on September 11, 2018, to begin serving his sentence.

United States Attorney Ron Parsons announced that a Peever, South Dakota, man has been indicted by a federal grand jury for aggravated sexual abuse of a child.

David Moses Seaboy, Sr., age 56, was indicted on August 7, 2018.  He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.

The maximum penalties upon conviction are as follows: mandatory minimum of thirty (30) years and up to life imprisonment, $250,000 fine, or both; a mandatory minimum term of five (5) years, up to life, of supervised release; $100 special assessment for victim/witness fund; $5,000 assessment to the domestic trafficking fund; and restitution.

According to the Indictment, in November 2007, Seaboy did knowingly engage in and attempt to engage in a sexual act with a person who had not attained the age of 12, that is, the intentional touching, not through the clothing, of the genitalia of a child.  The Indictment alleges that Seaboy acted with an intent to abuse, humiliate, harass, and degrade the child, or to arouse and gratify his sexual desires. 

The charge is merely an accusation and Seaboy 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.   

Seaboy was remanded to the custody of the U.S. Marshal’s Service.  A trial date of October 16, 2018, has been set.

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

Jodie Brave, a/k/a Jody Brave, age 47, was indicted on August 13, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 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 on June 29, 2018, Brave unlawfully committed a domestic assault against a spouse or intimate partner and that, at the time of the domestic assault, Brave 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 charge is merely an accusation and Brave 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.   

Brave 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 Moose Lake, Minnesota, man has been indicted by a federal grand jury for aggravated sexual abuse of a child and for abusive sexual contact of a child under twelve years.

Roland Joseph Brant, age 63, was indicted on June 6, 2018.  He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.

The maximum penalties upon conviction for each count are as follows:  life imprisonment, a $250,000 fine, or both; a mandatory minimum term of five (5) years, up to life, of supervised release; $100 special assessment for victim/witness fund; $5,000 assessment to the domestic trafficking fund; and restitution may be ordered.

According to the Indictment, between February and July, 2007, in Roberts County, South Dakota, Roland Joseph Brant did knowingly engage in and attempt to engage in sexual acts with a child who had not attained the age of 12. 

The charges are merely accusations and Brant 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.   

Brant was remanded to the custody of a facility in Minnesota.  A trial date of October 16, 2018, has been set.

United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for possession of firearms by a prohibited person.

Jesse Boyd Brown Otter, age 37, was indicted on August 7, 2018.  He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.

The maximum penalties upon conviction are as follows:  ten (10) years in prison; $250,000 fine; three (3) years supervised release, two (2) additional years if revoked; $100 special assessment for victim/witness fund; forfeiture of the firearms; restitution may be ordered.

According to the Indictment, on or about the 28th day of December, 2017, in the District of South Dakota, Jesse Boyd Brown Otter, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of a controlled substance, did knowingly possess a firearm and ammunition.  The indictment alleges that Brown Otter possessed  a Bond Arms, Model “Cowboy Texas Defender” 45 Long Colt caliber/410 gauge derringer-style handgun, bearing serial number 33176, and a Bond Arms, Model “Snake Slayer” 45 Long Colt caliber/410 gauge derringer-style handgun, bearing serial number 61571, and 4 rounds of Starline 45 Long Colt ammunition.

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

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.   

Brown Otter was released by the court.  A trial date of October 16, 2018, has been set.

United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for assault of a federal officer (two counts) and domestic assault by an habitual offender.

Daniel Lee Hoisington, age 37, was indicted on August 7, 2018. He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.

The maximum penalties upon conviction for assault of a federal officer are as follows: eight (8) years in prison; and/or a $250,000 fine; a period of supervised release of three (3) years; $100 special assessment; restitution may be ordered.  The maximum penalties upon conviction of domestic assault by an habitual offender are as follows:  five (5) years in prison; and/or a $250,000 fine; a period of supervised release of three (3) years; $100 special assessment; restitution may be ordered.

According to the Indictment, on or about the 29th day of June, 2018, in McLaughlin, Hoisington did forcibly assault, resist, oppose, impede, intimidate, and interfere with two officers, while the officers were engaged in the performance of their official duties.  The officers were employed as federal law enforcement officers with the Bureau of Indian Affairs, Department of Interior, assigned to perform law enforcement functions.

The Indictment further states on or about the 29th day of June, 2018, Hoisington did unlawfully commit a domestic assault upon a person, when at the time of the domestic assault, Daniel Hoisington had a final conviction, on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.

The charges are merely an accusation and Hoisington is presumed innocent until and unless proven guilty. 

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

Hoisington was remanded to the custody of the U.S. Marshal’s Service.  A trial date of October 16, 2018, has been set.

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 30, 2018, by Magistrate Mark A. Moreno

Tyler Harmon, age 27, was sentenced to 2 years probation, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Harmon was indicted by a federal grand jury on February 15, 2017.  He pled guilty on May 16, 2018.

The conviction stems from an incident on November 12, 2016, at Lower Brule, when a Bureau of Indian Affairs officer approached an intoxicated Harmon in an attempt to arrest him for public intoxication. At which point, Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with the officer, while said officer was employed and engaged in the performance of his official duties with the Bureau of Indian Affairs.  Harmon continued to resist arrest and would not comply with the officer’s commands until he was taken into custody.    

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Harmon was released.

United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, Possession of a Firearm by a Prohibited Person, and Possession of an Unregistered Firearm and Destructive Device.

Adam Westphal, age 34, was indicted on August 13, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 29, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, lifetime of supervised release, and $600 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 1, 2017, Westphal  knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance.  Westphal, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.  The Indictment further alleges that Westphal knowingly possessed a homemade silencer and a destructive device, items which combination of parts would readily assemble one improvised explosive bomb or destructive device, each of which was not registered to him.

The charges are merely accusations and Westphal 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.   Attorney General Jeff Sessions 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 Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that three individuals have been sentenced in federal court in Sioux Falls to 20-year prison terms for their involvement in two separate methamphetamine trafficking conspiracies in the Sioux Falls area.

Larry Tyler McKay, age 41, and Diane Thomsen, age 51, both of Sioux Falls, South Dakota, were each sentenced to 240 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine by U.S. District Judge Karen E. Schreier.  McKay was sentenced August 20, and Thomsen was sentenced August 27, 2018.

 In addition, Mario A. Ochoa-Ortiz, age 30, of Phoenix, Arizona, was sentenced to 240 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine by Judge Schreier on August 27, 2018.

The time in prison served by these defendants will be followed by ten years of supervised release. They each were also ordered to each pay $100 to the Federal Crime Victim’s Fund.

“Meth is a scourge on our communities and our federal, state, local, and tribal law enforcement officers are doing everything in their power to fight it,” said U.S. Attorney Parsons.  “The sentences imposed on these criminal defendants reflect the gravity of their crimes.  The poison they were seeking to sell in South Dakota would have brought untold suffering to our residents.”

Thomsen and McKay were both indicted by a federal grand jury on October 11, 2017, and pled guilty to their charges.  The investigation of Thomsen and McKay revealed their joint involvement in distributing over 20 pounds of methamphetamine to Sioux Falls.  At the time of his arrest, law enforcement found McKay in possession of approximately 50 grams of methamphetamine and several firearms. Multiple search warrants executed at Thomsen’s residence yielded over 430 grams of methamphetamine.

Ochoa-Ortiz was indicted by a federal grand jury on August 8, 2017, and pled guilty on June 8, 2018. 

The investigation of Ochoa-Ortiz revealed his role as a source of methamphetamine to co-conspirators Cody Baade, Corey Roelfsema, and Anthony Haron, for the purpose of distributing the methamphetamine in Sioux Falls.  During the course of Ochoa-Ortiz’s involvement, he was responsible for arranging the delivery of over 60 pounds of methamphetamine to Sioux Falls from Arizona.  Earlier this year, Baade, Roelfsema, and Haron each received 210, 240, and 151 months, respectively, in federal prison.

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

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. Attorney General Jeff Sessions 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.

These cases was investigated by the Sioux Falls Area Drug Task Force, the South Dakota Division of Criminal Investigation, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted both cases.

United States Attorney Ron Parsons announced that Jacques Eviglo, age 37, of Sioux Falls, South Dakota, was found guilty of 25 counts of making false claims and 5 counts of wire fraud as a result of a five-day federal jury trial in Sioux Falls, South Dakota. 

The false claims charges carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  The wire fraud charges carry a maximum penalty of 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

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

Eviglo did business as Global Income Tax Services, located in Sioux Falls.  He 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.

“The message here is simple,” said U.S. Attorney Parsons.  “Do not try to steal from the United States government.  You will be caught and you will be prosecuted.”

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

A presentence investigation was ordered and a sentencing date was set for November 26, 2018. 

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

Brady Makes Room For Them, age 33, was indicted on May 17, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 27, 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.

Makes Room for Them was convicted of Abusive Sexual Contact in September 2005.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between April 4, 2016, and May 17, 2016, Makes Room For Them, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

The charge is merely an accusation and Makes Room For Them is presumed innocent until and unless proven guilty. 

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

Makes Room For Them was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Arson was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Britton George Kills Right, age 43, was sentenced on August 27, 2018, to 4 years in federal prison, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined.

Kills Right was charged on April 17, 2018.  The conviction stems from Kills Right intentionally starting a fire in another person’s home at Pine Ridge in February 2018.  The home and all its contents were destroyed.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Lawrence Leonard Malcolm, Sr., age 46, was indicted on August 13, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 27, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 30 years in federal prison and/or a $2,000,000 fine, 6 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about July 5, 2018, Malcolm knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute methamphetamine, a Schedule II controlled substance.  Malcolm, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.

The charges are merely accusations and Malcolm 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.   Attorney General Jeff Sessions 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 Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Malcolm was remanded to the custody of the U.S. Marshals Service.  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 Theft from an Indian Tribal Organization.

Memoree Ducheneaux, age 27, was indicted on August 14, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 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 November 2016 and August 2017, Ducheneaux did willfully and knowingly steal, embezzle and convert to her own use, goods and assets in an amount greater than $1,000 belonging to the Lakota Thrifty Mart, in Eagle Butte, which is an Indian tribal organization.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

The case was brought as part of The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities.  The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities.  Led by the United States Attorney’s Office, the participating agencies include:  Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400.  To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

RAPID CITY, SD – On August 28, 2018, United States Attorney Ron Parsons announced the formation of a Project Safe Neighborhoods Task Force in Rapid City, South Dakota, and highlighted some of the initiative’s early successes.

One of the highest priorities of the Department of Justice is the reduction of violent crime.  In the fall of 2017, U.S. Attorney General Jeff Sessions revitalized the Project Safe Neighborhoods program, also referred to as PSN.  The PSN program is a national-scale violent crime reduction program aimed at bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our communities safer and more secure.  

The PSN program utilizes focused enforcement efforts, along with technology and data analysis, to identify enforcement priorities.  Since the program began in 2001, PSN has been updated and enhanced, emphasizing the role of U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities.  The program is proving to be more effective than ever and is helping fulfill our mission to make America safer.

The primary focus of the PSN initiative in South Dakota is to reduce gun and drug crimes through collaborative law enforcement, proactive investigations, data analysis, and community outreach.

In our communities, the rise of methamphetamine and other drug trafficking presents a clear and present danger to our children, families, citizens, and communities.  At the same time, gun crimes and other acts of violence are rising as well.  This is not a coincidence.

Make no mistake: drug trafficking is a crime of violence.  Illegal drugs are the direct cause of much of the suffering and death in our communities.  It has become common for law enforcement to find guns in the possession of drug dealers and users.  Often, these guns have been stolen from law-abiding citizens.  Over the past several years, there has been a nationwide increase in violent crimes, including robberies and assaults, committed by individuals under the influence of meth and other drugs.

The U.S. Department of Justice is committed to reversing those trends.

In cooperation with state, local, and federal law enforcement agencies, the U.S. Attorney’s Office for the District of South Dakota has targeted Rapid City as a focus location for its Project Safe Neighborhood efforts.  A Rapid City PSN task force has been established, consisting of representatives from:

• U.S. Attorney’s Office
• Pennington County State’s Attorney’s Office
• South Dakota Attorney General’s Office
• Rapid City Police Department
• Pennington County Sheriff’s Office
• South Dakota Division of Criminal Investigations
• U.S. Marshal’s Service
• Bureau of Alcohol, Tobacco, Firearms, and Explosives
• Drug Enforcement Agency
• Community partners through our Re-entry Initiative

Making direct use of crime mapping and other data analysis, these state, local, and federal law enforcement agencies are working together to identify and arrest the most significant violent offenders, increase enforcement efforts against illegal guns and drugs, conduct warrant sweeps, and participate in community engagement and prevention programs. 

Once cases are developed, the U.S. Attorney’s Office, Pennington County State’s Attorney’s Office, and Attorney General’s Office coordinate the prosecution of these cases to determine whether the case is better suited for state or federal court.  The PSN task force meets regularly to discuss ongoing investigations, prosecutions, and necessary changes that will help reduce violent crime. 

Since the beginning of this year, the U.S. Attorney’s Office in Rapid City alone has indicted approximately 45 individuals for firearms offenses and another 43 individuals for drug offenses under the Project Safe Neighborhoods initiative.  During that same time period, many more criminal defendants have been charged in state court.  

In addition, the Rapid City Police Department, Pennington County Sheriff’s Office, and federal ATF agents have collectively pulled at least 209 guns off the street thus far in 2018.  All of these firearms were confiscated because they were illegal guns, such as sawed-off shotguns; used in the commission of a crime, including drug crimes; or found in the possession of someone prohibited by law from having firearms, such as those with a prior felony conviction.  And this total does not include the 22 stolen guns recently recovered by law enforcement from the burglary at The Rooster Sporting Goods store in Rapid City.

The U.S. Attorney’s Office also is committed to prosecuting those who illegally attempt to obtain guns by lying, either directly or by omitting the truth, when seeking to purchase a gun.  Federal law requires licensed firearms dealers to perform a background check before transferring any firearm.  Those who attempt to thwart the background check process by lying or providing incomplete information on the required forms are likely to find themselves the subject of a federal prosecution.

Nationwide, at least 85 percent of all law enforcement occurs at the state, local, and tribal level.  It is our state and local police officers, our sheriffs and deputies, DCI officers, highway patrol officers, federal agents, and tribal police who stand in the breach every day of their lives protecting us from violence and lawlessness.  The Department of Justice is dedicated to doing everything it can to support them, including the reinvigoration of Project Safe Neighborhoods by Attorney General Sessions.

“We want everyone to know that we will not tolerate drug dealers in our communities,” said U.S. Attorney Parsons.  “We won’t tolerate the use of guns against our fellow citizens.  If you commit these crimes, we will find you.  And you will be sent to prison.”

Recent federal prosecutions in Rapid City resulting from Project Safe Neighborhoods include:

• Nathanial Geiger, charged with possessing a sawed off shotgun.  When arrested, he was found to be high on meth.  He was sentenced to 7 years in federal prison for possessing the illegal firearm. 
• AJ Bradshaw, charged with possessing firearms while using a controlled substance.  He forfeited 41 firearms and explosives and was sentenced to 8 years in federal prison.
• William Corbine and Tristan Amos, charged with illegally discharging a firearm during a crime of violence.  Corbine was sentenced to 15 years and Amos sentenced to 10 years in federal prison.
• Daniel Richards, charged with conspiracy to distribute methamphetamine in Rapid City.  He was sentenced to more than 17 years in federal prison.  Numerous co-conspirators were charged and are awaiting trial. 
• Brandon Dykzuel, charged with distribution of meth by sending it through the U.S. mail.  He was sentenced to almost 6 years in federal prison. 
• Michael Mamola and Timothy Conwell, charged with conspiracy to distribute methamphetamine.  Mamola was sentenced to 8 years and Conwell sentenced to 6 years in federal prison.

United States Attorney Ron Parsons announced that two Rapid City, South Dakota, men were charged in federal district court with Theft of a Firearm, Possession of Stolen Firearms, and Use of a Firearm During a Drug Trafficking Crime.

Matthew Keifer, age 30, and Zephaniah Thompson, age 28, were charged on August 24, 2018.  Keifer and Thompson appeared before U.S. Magistrate Judge Daneta Wollmann on August 27, 2018, and pleaded not guilty to the charges.  The penalty upon conviction is a mandatory minimum of 5 years up to life in federal prison and/or a $250,000 fine, 5 years supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Keifer and Thompson stealing approximately 24 firearms from The Rooster on August 22, 2018, at Rapid City.  The charges are merely an accusation and Keifer and Thompson are 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. Attorney General Jeff Sessions 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, the South Dakota Department of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Keifer and Thompson were detained pending a preliminary hearing.  A trial date has not been set. 

United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

James Charger, age 21, and Andrew Good Eagle, age 18, were indicted on August 13, 2018.  They appeared before U.S. Magistrate Judge William Gerdes on August 22, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 6, 2018, Charger and Good Eagle did unlawfully assault an individual and said assault did result in serious bodily injury to the victim.

The charges are merely accusations and Charger and Good Eagle are 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.   

Charger was remanded to the custody of the U.S. Marshals Service pending trial and Good Eagle was released on bond.  A trial date of October 16, 2018 has been set.

SIOUX FALLS, SD – United States Attorney Ron Parsons joined Acting Associate Attorney General Jesse Panuccio and Office on Violence Against Women’s (OVW) Acting Director Katherine Sullivan at the 13th Annual Conference on Violence Against Women Tribal Consultation held at the Sioux Falls Convention Center on August 21-22, 2018.

The purpose of this annual Government-to-Government conference is to solicit recommendations from tribal leaders on enhancing safety and strengthening federal law enforcement efforts to the crimes of domestic violence, dating violence, sexual assault, stalking and sex trafficking of American Indian and Alaskan Native women, and administering funds and programs for tribal governments established by the Violence Against Women Act (VAWA) and subsequent legislation.

The conference was hosted by the Great Plains Tribal Chairman’s Association.  The U.S. Departments of Justice, Health and Human Services and the Interior, and tribal leaders of federally-recognized Indian Tribes from across the nation participated in the two-day event focused on federal administration of tribal funds and programs established under VAWA.

The conference opened with a call to order by Sherriann Moore (Rosebud Sicangu’ Lakota), Deputy Director of Tribal Affairs for OVW.  The Color Guard was presented by the Flandreau Veteran’s Association Color Guard, staffed by Sam Allen.  Roxanne Sazue, former Chairwoman of the Crow Creek Tribe, offered a traditional blessing with drums presented by “Rising Hail,” led by Allen Hare of the Yankton Sioux Tribe.  The Native Women’s Society of the Great Plains then performed a Shawl Ceremony to honor victims of violence and abuse.

Oglala Sioux Tribe Vice-President Darla Black and Flandreau Santee Sioux Tribe President Anthony Reider each addressed the conference with opening remarks.  OVC Acting Director Sullivan then introduced Acting Associate Attorney General Panuccio, who delivered the keynote address.  Other Tribal leaders who provided testimony included Roxanne Sazue, former Chairwoman of the Crow Creek Sioux Tribe; Lydia Bear Killer, Council Member of the Oglala Sioux Tribe; and Lois Owens, Council Member of the Sisseton Wahpeton Oyate of the Lake Traverse Indian Reservation.

Assistant United States Attorney Troy Morley, who is the Tribal Liaison for the District of South Dakota, and Victim Witness Coordinator Marlys Big Eagle also attended the conference on behalf of the District of South Dakota.

Domestic violence and sexual assault are crimes that affect every community, but, tragically, Native women face higher rates of domestic violence, sexual assault, and domestic violence homicide than almost any other group.  A 2016 National Institute for Justice study concluded that more than half of all Native women have experienced sexual violence and physical violence by an intimate partner.  All too often, these instances of violence are part of an escalating cycle, culminating in alarming homicide rates for Native women.

Many in attendance at the conference wore red to commemorate, honor, and raise awareness about missing and murdered Native women.  The voices of these women may have been silenced, but their memory should serve as a call to action.  These women deserve to be honored and remembered, but they also deserve more: they deserve action.

The Department of Justice is resolute in its commitment to helping ameliorate this crisis.  It does so in two principal ways.  First, federal prosecutors are working every day to bring domestic violence offenders to justice.  Second, through our grant programs, we are helping victims with a full range of services and support.

“This was an incredible opportunity to listen to and learn from tribal leaders and citizens from across the country who are leading the fight against domestic violence and abuse of all kinds in Native American communities,” said U.S. Attorney Parsons.  “Their testimony was moving and profound.  I am honored and humbled to have heard these direct accounts of the struggles and challenges that Native American communities are facing in seeking justice for domestic violence victims.” 

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance (methamphetamine) was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.

Nolan Clown, age 33, was sentenced to 6 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.

Clown was indicted by a federal grand jury on November 14, 2017.  He pled guilty on August 1, 2018.

Clown admitted to distributing methamphetamine to another individual for money on August 24, 2016, in Eagle Butte.  Clown further admitted he had distributed methamphetamine on at least one other occasion. Methamphetamine is a Schedule II controlled substance.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

Clown 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 August 20, 2018, by U.S. District Judge Roberto A. Lange.

Troy Sampson, age 40, 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.

Sampson was indicted by a federal grand jury on March 20, 2018.  He pled guilty on June 10, 2018.

Between December 2017 and January 2018, Sampson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under federal law, did knowingly fail to register and update his registration.

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

Sampson 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 convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.

Toni Ladeaux, age 21, was sentenced to 24 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.

Ladeaux was indicted by a federal grand jury on March 13, 2018.  She pled guilty on June 12, 2018.

The conviction stemmed from an incident that occurred on February 9, 2018.  On that date, Rosebud Sioux Tribe Law Enforcement Services officers responded to a report of a domestic disturbance at a home in the North Antelope Community near Mission, South Dakota, and subsequently arrested Ladeaux for domestic abuse.  As she was being transported to the Rosebud Sioux Tribe Adult Corrections Facility (ACF), Ladeaux began kicking the window of the patrol vehicle.  The transporting officer pulled over and a second officer arrived to assist in placing Ladeaux in leg restraints. While the officers were attempting to secure her, Ladeaux kicked one officer and bit the other officer’s pant leg.  Ladeaux continued to be combative after she arrived at the ACF, kicking a corrections officer as she was being secured in a restraint chair.

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

Ladeaux 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 convicted of Assault With a Dangerous Weapon was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.

Benjamin Morrison, age 37, was sentenced to 27 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.

Morrison was indicted by a federal grand jury on March 13, 2018.  He pled guilty on June 22, 2018.

The conviction stemmed from an incident on February 25, 2018, when Morrison and an individual were in a vehicle together and got into an argument.  Morrison pulled the vehicle over, got out, pulled the passenger out of the vehicle, and hit her with his fist.  The woman fell to the ground, and Morrison continued punching her and then began to kick her. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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