District of South Dakota

United States Attorney Ron Parsons attended the Eighth Circuit Judicial Conference held in Des Moines, Iowa, on August 15-17, 2018.  The conference is a gathering of federal judges and attorneys in the Eighth Circuit, which consists of South Dakota, North Dakota, Iowa, Minnesota, Nebraska, Missouri, and Arkansas.

The conference featured an address from U.S. Attorney General Jeff Sessions, as well as an appearance by U.S. Supreme Court Justice Neil Gorsuch.  Additional speakers included two native Iowans: Internationally renowned opera star Simon Estes and Medal of Honor recipient Sal Giunta.  The conference was presided over by the Honorable Lavenski R. Smith, Chief Judge of the U.S. Court of Appeals for the Eighth Circuit.

Of special note, Randy Seiler, former U.S. Attorney for the District of South Dakota, received the Richard S. Arnold Award for Distinguished Service.  Judge Richard S. Arnold (1936-2004) of Texarkana, Arkansas, served on the U.S. Court of Appeals for the Eighth Circuit from 1980 until his death in 2004.  Recipients are honored for their professional excellence, leadership in the legal community, significant contributions of volunteer legal services in underserved communities, and service as a mentor to less-experienced lawyers or law students, all characteristics of Judge Arnold.  Mr. Seiler is only the fourth South Dakotan to receive this coveted award.

United States Attorney Ron Parsons attended the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) in Tulsa, Oklahoma from August 13-15.  U.S. Attorney Parsons was appointed to the NAIS this year by Attorney General Jeff Sessions.  The NAIS meetings provided an opportunity for its members to discuss specific crime reduction strategies in Indian Country.

On Monday, August 13, U.S. Attorney Trent S. Shores of the Northern District of Oklahoma, who also serves as Chairman of the NAIS, and Principal Chief of the Muscogee (Creek) Nation James Floyd gave opening remarks.

U.S. Attorney Parsons then moderated a panel on Law Enforcement Resources in Indian Country.

On Tuesday, August 14, the NAIS visited and met with the Cherokee Nation in Tahlequah, Oklahoma.  The visit included remarks from Cherokee Nation Principal Chief Bill John Baker and Cherokee Nation Attorney General Todd Hembree.

Troy Morley, Assistant U.S. Attorney and Tribal Liaison for the District of South Dakota, participated in a panel discussion on Cooperative Law Enforcement Models in Indian Country.

Fighting violent crime and combating the drug epidemic are two of Attorney General Sessions’s top priorities.  The Department of Justice is actively addressing violence against women and children in Indian country through partnerships with federal, tribal, state, and local law enforcement, investigating and prosecuting crimes, grant programs, training and technical assistance, and information sharing with tribes.  

Specifically, in the District of South Dakota, two new prosecutor positions have been added, one in Rapid City and one in Pierre, to focus on violent crime and drug trafficking in Indian country.  In addition, the District of South Dakota is hosting an Indian Country Fellow from the DOJ Honors program, who will devote three years to prosecuting crime both in federal court and in Tribal Court on the Pine Ridge Indian Reservation.

Earlier this month, the Department of Justice announced the expansion of the Tribal Access Program (TAP), which provides federally recognized tribes with the ability to access and exchange data with the national crime information databases for both civil and criminal purposes.  The Department is accepting new applications for this program until October 1, 2018.  Interested tribes may apply by using this link: www.justice.gov/tribal/tribal-access-program-fy-2019-application.

Through TAP, tribes may enter information directly into federal databases.  So far, tribes have contributed nearly 600 sex offender registrations and over 550 sex offender check-ins; nearly 300 instances of data entry that would prohibit someone from being able to purchase a firearm; over 1,000 orders of protection entered or modified; and over 4,200 finger-print based record checks for civil purposes that include employment, tribal housing placement, and personnel/volunteers who have regular contact with or control over Indian children.

American Indian and Alaska Native people suffer from high rates of victimization in our nation.  Crimes range from domestic violence to sexual assault and to those devastated by the drug trade and the opioid epidemic.  In June, the Department announced it had set aside $110 million in a program to provide assistance to crime victims in tribal communities.  The FY 2018 Tribal Victim Services Set-Aside Program can be used to provide a wide range of victims’ services for victims of human trafficking, crime victimization related to the opioid and drug crisis, child abuse and neglect, domestic violence, homicide, and assault, among other crimes.

U.S. Attorneys’ Offices and law enforcement components are responsible for investigations, prosecutions, and victim services in the 49 judicial districts across the nation that include Indian country.  Federal prosecutors have primary criminal jurisdiction for 70 million acres of Indian lands.  That spans across about 200 Indian country territories.  Our law enforcement work requires strong partnerships with tribal law enforcement, the Bureau of Indian Affairs, and state and local law enforcement.  

Approximately 85 percent of the Department’s pending Indian country investigations relate to violent crime.  The most investigated crimes include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes.  Native women and girls suffer a high rate of violence, including murder.  The Centers for Disease Control and Prevention (CDC) reported that American Indian and Alaska Native women experienced some of the highest rates of homicide based on an analysis from 18 states.

The Department’s Office on Violence Against Women (OVW) has funded Tribal Special Assistant U.S. Attorneys (SAUSAs) to enhance prosecution of Indian country cases and strengthen relationships and cooperation between federal and tribal law enforcement.  OVW’s Tribal Governments Program enhances the ability of tribes to respond to violent crimes against Indian women, improve victim safety, and develop education and prevention strategies.  In fiscal year 2018, OVW funds for tribal governments and tribal nonprofits totaled nearly $56 million. 

The Department’s Office of Justice Programs, Bureau of Justice Assistance (BJA) has released the FY2018 Supporting Innovation: Field Initiated solicitation that focuses on several priorities including addressing innovative approaches to crime including violent crime associated with tribes and tribal members.   BJA anticipates that it will be supporting a range of strategies including assistance for tribal prosecutors to prosecute violent crimes such as murder and crime associated guns, gangs and drug activity as well as training for tribes on violent crime and prosecuting violent crimes.   In fiscal year 2018, BJA funds for tribal governments and tribal partners will total over $35 million dollars.  

Native American communities have been hit particularly hard by the Opioid and drug epidemic.  According to the CDC, American Indian and Alaska Native people had the highest drug overdose death rate in 2015.  In 2017, the Department awarded nearly $59 million in tribal grants to strengthen drug court programs.  The Bureau of Justice Assistance runs the Department’s Comprehensive Opioid Abuse Program, which aims to reduce opioid misuse and the number of overdose deaths. The program uses prescription drug monitoring to prevent the misuse and diversion of controlled substances.

Through its National Indian Country Training Program, the Department trains investigators and assists in the cross-deputization of tribal law enforcement.  Better investigations lead to better cases, more prosecutions, and more convictions, all of which increase public safety and confidence in law enforcement.

The NAIS is made up of U.S. Attorneys from across the United States whose districts contain Indian country or one or more federally recognized tribes.  The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues that affect tribal communities. 

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.

Peter White Feather, age 39, was sentenced to 7 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.

White Feather was indicted by a federal grand jury on September 12, 2017.  He pled guilty on August 20, 2018.

The conviction stemmed from an incident that occurred on February 26, 2017.  On that date, a Rosebud Sioux Tribe Law Enforcement Services officer arrested White Feather for disorderly conduct at the Rosebud Indian Health Services Hospital in Rosebud, South Dakota.  During the booking process at the Rosebud Sioux Tribe Adult Corrections Facility, White Feather began to spit on the floor.  Following a request to cease spitting by a corrections officer, White Feather spit in the corrections officer’s face.

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

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

The United States Attorney’s Office and the Project Safe Neighborhood Task Force will hold a press conference on Tuesday, August 28, 2018, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota. 

The reinvigoration of the DOJ initiative Project Safe Neighborhood (PSN), the function of the newly created Task Force, and recent prosecutions will be discussed.

The continued growth of methamphetamine and other drug trafficking has become a prevalent issue and both the threat and actual instances of gun violence are on the rise.  It has become commonplace to find methamphetamine distributors and users in possession of firearms.  The U.S. Attorney’s Office (USAO) has selected Rapid City as a location of immediate concern in its PSN efforts.  Through an established PSN task force, the USAO collaborates with key law enforcement and community partners to share intelligence and prosecute those who are driving violent crime and distribution of illegal drugs. 

WHO:      Ron Parsons: U.S. Attorney, District of South Dakota

                   Marty Jackley: Attorney General, State of South Dakota

                   Mark Vargo: Pennington County States Attorney

                   Karl Jegeris: Rapid City Police Chief

                   Kevin Thom: Pennington County Sheriff

                   Kurt Wheeler: ATF Resident Agent in Charge

                   PSN Task Force: State and Federal law enforcement

WHAT:         Press Conference

WHEN:         Tuesday, August 28, 2018, at 10:30 a.m. MST.

WHERE:       USAO Conference Room, located on the 2nd Floor of the Federal Building.  Address is 515 Ninth Street, Rapid City.

SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.

Press inquiries regarding logistics may be directed to Ace Crawford at 605.341.1915 or 605.838.6092.           

United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Charles Gay, age 21, was sentenced on August 14, 2018, to 1 year and 1 day in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Gay was indicted for the charge by a federal grand jury in March 2017.  The charge related to Gay throwing a television and hitting the victim in the head on October 10, 2015, in Kyle.  Gay later went back and stabbed the same victim.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Ron Parsons announced that three men and one woman from Watertown, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Amos Hall, a/k/a Amos Lee Hall, IV, age 35, was indicted on June 13, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 16, 2018, and pled not guilty to the Indictment.

Dayvon Byrd, age 28, was indicted on June 13, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on June 29, 2018, and pled not guilty to the Indictment.

Danny Callahan, age 39, was indicted on June 13, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on July 19, 2018, and pled not guilty to the Indictment.

Alexis Dumarce, age 30, was indicted on June 13, 2018.  She appeared before U.S. Magistrate Judge William D. Gerdes on June 28, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about November 23, 2017, and continuing to on or about February 28, 2018, Hall, Byrd, Callahan, and Dumarce 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, which is a Schedule II controlled substance. 

The charge is merely an accusation and Hall, Byrd, Callahan, and Dumarce, are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Callahan was released on Bond.  Hall, Byrd, and Dumarce were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for August 28, 2018.

United States Attorney Ron Parsons announced that a Missoula, Montana, woman convicted of Aiding and Abetting Receipt of Stolen Mail Matter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cydrea Nicholes, age 26, was sentenced on August 15, 2018, to time served, 2 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $875 in restitution.

Nicholes was indicted by a federal grand jury in September 2017.  The charge related to Nicholes and her co-defendant stealing mail from mailboxes in Montana.  On August 12, 2017, they were stopped by law enforcement in Spearfish, and a search of the vehicle revealed multiple cell phones, stolen mail matter, check printing paper, and multiple identification cards belonging to Nicholes and her co-defendant.

This case was investigated by the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Department of Homeland Security, Missoula, Montana, Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the U.S. Postal Service. Assistant U.S. Attorney Megan Poppen prosecuted the case. 

WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.

On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.

In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.

The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:

 

Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.

"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs.  These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”

“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”

“I commend the efforts of the Department of Justice and the Drug Enforcement Administration to reduce Opioid production,” said U.S. Attorney for the District of South Dakota Ron Parsons.  “This year, at least twelve drug overdose deaths have occurred in Minnehaha County alone.  That is twelve deaths too many.  I am hopeful the continued and enhanced efforts to curb the availability of these drugs will result in less overdoses.”

Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.

When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.

The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.

In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.

 

****** MEDIA ADVISORY ******

WASHINGTON - U.S. Department of Justice's Acting Associate Attorney General Jesse Panuccio and Office on Violence Against Women’s (OVW) Acting Director Katharine Sullivan will join federal and tribal officials, including U.S. Attorney Ron Parsons for the District of South Dakota, at the 13th annual Government-to-Government conference 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 will take place Tuesday and Wednesday, AUGUST 21 and 22, 2018 in Sioux Falls, South Dakota.  The U.S. Departments of Justice, Health and Human Services and the Interior, and tribal leaders of federally-recognized Indian Tribes will participate in the two-day event focused on federal administration of tribal funds and programs established under VAWA. 

Opening remarks, keynote address and traditional ceremony on Tuesday are OPEN PRESS.

WHO:

Acting Associate Attorney General Jesse Panuccio, U.S. Department of Justice

Katharine Sullivan, Acting Director, OVW

Ron Parsons, U.S. Attorney, District of South Dakota

Kenya Fairley, Acting Director, Division of Family Violence Prevention and Services, U.S. Department of Health and Human Services

Cmdr. Angela Fallon, Deputy Director, Office of Clinical and Preventive Services, Indian Health Service, U.S. Department of Health and Human Services

Cmdr. Nancy Mautone-Smith, Deputy Director, Health Resources and Services Administration, Office of Women’s Health, U.S. Department of Health and Human Services

WHAT:

Opening Prayer and Traditional Ceremony: Sherriann Moore, Deputy Director, Tribal Affairs, OVW
Roxanne Sazue, Former Chairwoman, Crow Creek Sioux Tribe

Shawl Ceremony: Carmen O’Leary, Director, Native Women’s Society of the Great Plains

Opening Remarks and Federal Agency Introductions and Keynote address: Darla Black, Vice-President, Oglala Sioux Tribe
Katharine Sullivan, Acting Director, OVW
Acting Associate Attorney General Jesse Panuccio, U.S. Department of Justice

WHEN: Tuesday, August 21, 2018, 8:30 a.m. – 10:00 a.m. CDT

WHERE:

Sioux Falls Convention Center
Exhibit Hall 1
1201 Northwest Avenue
Sioux Falls, SD 57104

OPEN PRESS

(Camera Preset: 7:30 a.m. CDT // Final access time for print media without gear: 8:15 a.m. CDT // The program begins at 8:30 a.m. CDT)

NOTE:  All media must RSVP and present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials.  Media representatives may begin to arrive at 7:00 a.m.  RSVPs, and request for one-on-one interviews with speakers should be directed to DOJ spokesperson Nicole Navas Oxman at Nicole.Navas@usdoj.gov and Jeremy Edwards at Jeremy.M.Edwards@usdoj.gov. Inquiries regarding logistics should be directed to Aleah Parker, Tribal Event Coordinator, Chenega Logistics LLC at (703) 888-6063 or alparker@chenega.com and Nikia Johnson, Sr. Communication Specialist, OVW, at nikia.johnson@usdoj.gov.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Theft from Program Receiving Federal Funds was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Kevin S. Lewis, age 56, was sentenced on August 14, 2018, to 1 year in federal prison, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution to Dakota Plains Legal Services.

Dakota Plains Legal Services (DPLS) is a non-profit organization providing legal representation to qualifying individuals in numerous counties in South Dakota.  DPLS is a federally funded organization and annually receives over one million dollars of funds in grants from the Legal Services Corporation (LSC), an agency of the United States. 

Lewis was charged on September 19, 2017.  The charge related to Lewis, while employed as the managing attorney for the Pine Ridge DPLS office, embezzling $24,857.75 rightfully belonging to DPLS and using the money for his own benefit. 

U.S. Attorney Ron Parsons stated, “This defendant was placed in a position of public trust.  He broke that trust by stealing money from a program intended to serve those in need.  This sentence sends a message to others who might think stealing from a federal program is an easy way for some fast cash.  Instead, it is a sure-fire way to spend some time in federal prison.”

This case was investigated by the LSC Office of Inspector General.  Jeffrey E. Schanz, Inspector General of the LSC, stated, “We hope the prosecution of Kevin Lewis offers a strong deterrent to others contemplating stealing LSC funds that are intended to provide much needed legal services to an underprivileged population.  We appreciate the leadership offered by the U.S. Attorney’s Office for the District of South Dakota in prosecuting individuals who steal funds meant to serve the civil legal needs of the poor in our country.” 

Assistant U.S. Attorney Benjamin Patterson prosecuted the case.  Lewis was immediately turned over to the custody of the U.S. Marshals Service.

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

Bishop Cottier, age 29, was sentenced on August 14, 2018, to 41 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Cottier was indicted by a federal grand jury in November 2017.  The charge related to Cottier finding the victim roadside and then sexually abusing her at his home.  Prior to Cottier finding the victim, she had been in a car accident and had injured her leg.

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

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

United States Attorney Ron Parsons announced that two Mission, South Dakota, men have been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Using and Carrying a Firearm During and in Relation to a Crime of Violence.

William J. Waukechon, age 19, and Jesse J. Waukechon, age 21, were indicted on June 12, 2018.  Jesse Waukechon appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2018, and William Waukechon appeared on August 13, 2018.  Both pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on June 3, 2018, William and Jesse Waukechon assaulted an individual with a pistol with intent to do bodily harm and the assault resulted in serious bodily injury.

The charges are merely accusations and William and Jesse 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 Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

William Waukechon was remanded to the custody of the U.S. Marshals Service pending trial. Jesse Waukechon was released on bond pending trial.  A trial date has been set for October 16, 2018.

PIERRE, S.D. -  Attorney General Marty Jackley, United States Attorney Ron Parsons, Pennington County States Attorney Mark Vargo, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking in Rapid City.

“Law enforcement has joined together in a cooperative operation that focuses on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.

The investigation resulted in the following felony arrests for sex crimes:

Robert Bungert, 55, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Zam Mung, 29, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Jeremiah Stertz, 30, Yankton, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Paul Heib, 50, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Connor Harmon, 20, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Adam Myosky, 38, Port Clinton, Ohio, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

All these individuals are presumed innocent until such time as proven guilty.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on August 13, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gordon Bagneschi, age 22, was sentenced to 5 years in federal prison, followed by 5 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined within 90 days.

Bagneschi was charged on September 19, 2017.  The charge relates to Bagneschi receiving over a thousand images containing child pornography via the Internet between December 2016 and September 2017 at Rapid City.

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Rayford Featherman, age 69, was sentenced on August 9, 2018, to time served, 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Featherman was indicted for the charge by a federal grand jury in February 2014.  The charge related to Featherman assaulting two females with a metal bat on September 5, 2013, in Oglala.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

Dre Red Feather, age 26, was sentenced on August 10, 2018, to 60 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Red Feather was indicted for the charge by a federal grand jury on August 8, 2017.  The charge related to Red Feather discharging a firearm at another male at Pine Ridge on July 30, 2017.  Red Feather is prohibited from possessing firearms and ammunition, based on a previous felony conviction for Assault on a Federal Officer in 2012.

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 Oglala Sioux Tribe Public Safety, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Red Feather 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 Receipt of Child Pornography was sentenced on August 10, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Waylen Block, age 45, was sentenced to 20 years in federal prison, followed by 10 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined within 90 days.

Block was charged on April 18, 2017.  The charge related to Block receiving thousands of images containing child pornography via the Internet between April 2016 and September 2016 at Rapid City.  Block also produced several images of child pornography and distributed them via the Internet.

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

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Thaddeus James Grant, age 26, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 10, 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 or about March 4, 2018, Grant assaulted a female victim and said assault resulted in serious bodily injury.

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

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

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

KANSAS CITY, MO – United States Attorney Ron Parsons attended the Organized Crime Drug Enforcement Task Forces (OCDETF) West Central Regional Conference in Kansas City, Missouri, on August 7-8, 2018.  Also in attendance was Assistant U.S. Attorney and Deputy Criminal Chief John E. Haak, who is the OCDETF Coordinator for the District of South Dakota.

The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers.  Today, the OCDETF Program is the centerpiece of the U.S. Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises.

The Program operates nationwide and combines the resources and unique expertise of numerous federal agencies in a coordinated attack against major drug trafficking and money laundering organizations.  The OCDETF strategy, under the direction of the Deputy Attorney General, aims to focus federal drug resources on reducing the flow of illicit drugs and drug proceeds by identifying and targeting the major trafficking organizations, eliminating the financial infrastructure of drug organizations by emphasizing financial investigations and asset forfeiture, redirecting federal drug enforcement resources to align them with existing and emerging drug threats, and conducting expanded, nationwide investigations against all the related parts of the targeted organizations.

United States Attorney Ron Parsons announced that an Upper Marlboro, Maryland, man convicted of Aiding and Abetting Aggravated Identity Theft was sentenced on August 6, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Victor Sasay, a/k/a Victor Sesay, age 38, was sentenced to 24 months in federal prison, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $60,399.47 in restitution along with his 2 other codefendants.

Sasay pleaded guilty to the charge on March 21, 2018.  The charge related to Sasay and his codefendants using counterfeit access devices that had been manipulated to include credit card account numbers belonging to hundreds of victims across the Midwest.  Sasay and his codefendants used the cards to acquire high dollar credit and gift cards from multiple stores in South Dakota and other locations across the Midwest.  As a result of the theft scheme, local credit unions, as well as other FDIC insured banks across the Midwest, incurred approximately $60,000 in financial losses.

This case was investigated by the South Dakota Highway Patrol, the Secret Service, the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, the police departments in Rapid City, Spearfish, and Sturgis, South Dakota, and Wheatland, Douglas, Laramie, Gillette, and Casper, Wyoming.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Sasay was immediately turned over to the custody of the U.S. Marshals Service.  Codefendant, Roy Conteh, pleaded guilty on March 21, 2018, and was sentenced to the same terms and conditions on March 22, 2018.

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 7, 2018, by U.S. District Judge Roberto A. Lange.

Patrick Black Spotted Horse, age 29, was sentenced to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Black Spotted Horse was indicted by a federal grand jury on May 15, 2018.  He pled guilty on June 12, 2018.

Black Spotted Horse was convicted of Sexual Abuse of a Minor in March 2010.  As a result of this conviction, he is required to register as a sex offender.  Between 2013 and 2017, Black Spotted Horse was convicted of Failure to Register as a Sex Offender on three separate occasions.  In January 2018, Black Spotted Horse was released from custody and began a period of supervised release.  He initially registered and resided at a residence in Rapid City.  In March 2018, he moved from his registered address, but did not update his registration.  An arrest warrant was subsequently issued and on May 4, 2018, Black Spotted Horse was located at a residence in Norris, South Dakota, and was arrested.

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

Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that the 2018 Indian Country Conference: Offering Hope to Victims in the Spirit of Justice, was recently held in Bismarck, ND, on July 19-20, 2018, at the North Dakota Heritage Center.  

U.S. Attorney Parsons provided opening remarks, along with officials from the District of North Dakota.  The conference offered several speakers on a variety of topics.  The range included presentations on Native Sexual Violence Victimology; Communication & Intervention - Knowing What to Say and How to Say It Matters; Building Effective Partnerships in Assisting Victims of Mass Casualty Incidents; and a session on how to avoid burn-out “I’ve Run Out of Fuel…Now What?”  There were also several break-out sessions for the participants to choose from and attend.

The case presented for the mass casualty incident was that of Dylan Roof, the mass shooter in the Charleston, SC, church shooting of June 2015.  Presenting were an FBI agent and Victim Witness Specialist from Charleston, and Victim Witness Coordinator Marlys Big Eagle from the District of South Dakota, who assisted with the victims during the Roof trial. 

The conference was geared towards law enforcement officers, victim service providers, prosecutors, social workers, judges, physicians and other medical professionals, mental health therapists, counselors, educators, court service officers, corrections officers, child care providers, parents, community leaders, and other concerned individuals from the two-state region of North Dakota and South Dakota—especially those dealing with family violence issues in American Indian Communities.

One of the most important goals anyone in criminal justice can strive for is to ensure the victims are heard and respected, and the most important thing that any government does is protect the rights of its citizens.

To that end, the District of South Dakota is breathing new life into initiatives designed to help all communities, including those in Indian country, prosper:

• Emphasis on combatting violent crime harming Indian country;
• Reinvigoration of Project Safe Neighborhood to target the illegal use of firearms;
• Project Safe Childhood, to target sexual predators that would target or harm our children, including those who try to use the Internet to commit their crimes;
• Targeting the drug traffickers who plague our communities, whether in Indian country or elsewhere;
• New efforts to curb the spread of Opioids and related overdoses and deaths;
• Addition of two brand new prosecutor positions, one in Rapid City and one in Pierre, to focus on violent crime and drug trafficking in Indian country;
• Hosting an Indian Country Fellow from the DOJ Honors program, who will devote three years to prosecuting crime both in federal court and in Tribal Court on the Pine Ridge Indian Reservation;
• Suicide prevention – the U.S. Attorney’s office is partnering with Avera Health to hold a conference in Sioux Falls on September 6, 2018, on Addiction and Suicide: Communities in Crisis.  The keynote speaker will be former NFL quarterback Ryan Leaf and it will include a panel on the alarming problem of suicide in Tribal communities, with Yvonne “Tiny” DeCory, Patricia Iron Shell-Hill, MD, and J.R. LaPlante.

Conference attendees were provided new tools and resources to continue the commitment and dedication to work for justice for victims of crime.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 6, 2018, by U.S. District Judge Roberto A. Lange.

Buffy Marie Clairmont, a/k/a Buffy Marie Clifford age 44, was sentenced to 28 months in federal prison, followed by 3 years of supervised release, a $500 fine, forfeiture of $227 in U.S. currency, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Clairmont was indicted by a federal grand jury on October 17, 2017.  She pled guilty on May 23, 2018.

Beginning in at least January of 2012 and continuing through May of 2017, Clairmont received distributable quantities of methamphetamine from individuals that knew she intended to engage in further distribution of the methamphetamine.  Some of the methamphetamine Clairmont received was distributed in and around the Rosebud Sioux Tribe Reservation and elsewhere in South Dakota.  Clairmont admitted that it was reasonably foreseeable that over 50 grams of methamphetamine would be distributed during the course of the conspiracy.

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

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

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

Matthew Dubray, age 36, was sentenced on August 6, 2018, to 14 months in federal prison, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Dubray was charged on January 24, 2017.  The charge related to Dubray, who is prohibited from possessing firearms as he is a previously convicted felon, illegally possessing a Hi-Point, model C9, 9 mm pistol in July 2016 at Rapid City.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

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

William Rivers, age 61, was sentenced to 14 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.

Rivers was indicted by a federal grand jury on February 14, 2018.  He pled guilty on May 23, 2018.

Rivers was convicted of Sexual Abuse in June 1992.  As a result of this conviction, he is required to register as a sex offender.  On December 30, 2017, the Pierre Police Department responded to a report of an assault at the Econo Lodge Motel in Pierre.  The responding officers made contact with Rivers, determined he was out of compliance with the Sex Offender Registration and Notification Act, and subsequently arrested him for failure to register as a sex offender. 

On January 13, 2018, Rivers was released on bond from the Hughes County Jail in Pierre.  On January 22, 2018, Rivers registered as a sex offender with Cheyenne River Sioux Tribe Law Enforcement Services in Eagle Butte, South Dakota.  Between January 13, 2018, and January 22, 2018, Rivers was aware that he was required to update his sex offender registration within three business days after each change of residence, employment or student status and, he failed to do so during that time period.

This case was investigated by the U.S. Marshals Service and the Pierre Police Department.  Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.

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

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

Bruce G. Maxwell, age 61, was indicted on June 13, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 2, 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 or about May 23, 2018, Maxwell, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  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 Mobridge Police Department, the Campbell County Sheriff’s Office, the Walworth County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Maxwell 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, woman has been indicted by a federal grand jury for Larceny and Failure to Appear.

Angel Taylor, age 32, was indicted on August 16, 2017, for the Larceny charge, and June 12, 2018, for the Failure to appear charge.  She appeared before U.S. Magistrate Judge Veronica Duffy on August 2, 2018, and pled not guilty to the Indictments.

The maximum penalty upon conviction for each offense 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 for the larceny charge alleges that Taylor unlawfully took, with the intent to steal and purloin, the personal property of an individual that is valued at more than $1,000. 

The Indictment for the Failure to Appear charge alleges that Taylor, who was required to appear before U.S. Magistrate Judge Mark Moreno for the larceny charge, did knowingly fail to do so.

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

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

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on August 6, 2018, by U.S. District Judge Roberto A. Lange.

Shaun Chayne Condon, age 33, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, forfeiture of a 9mm Smith and Wesson pistol, $2,306 in United States currency, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Condon was indicted by a federal grand jury on February 14, 2018.  He pled guilty on May 22, 2018.

The conviction stemmed from an incident that occurred on May 25, 2017, when Condon knowingly and intentionally possessed with intent to distribute marijuana, a Schedule I controlled substance, in South Dakota.  Found in Condon’s possession during the execution of a search warrant, was $2,306 in U.S. currency and a pistol.  Condon being an unlawful user of, and addicted to a controlled substance, makes it illegal for him to possess firearms.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   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 and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a North Hollywood, California, man has been indicted by a federal grand jury for Bank Fraud.

Jude Cooper, age 30, was indicted on January 17, 2018.   He appeared before U.S. Magistrate Judge Mark A. Moreno on August 6, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 24, 2015, August 25, 2015, and August 27, 2015, Cooper submitted forged wired transfer requests to BankWest Inc., and requested that the funds be wired from a BankWest Inc. account to a Wells Fargo account.

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

The investigation is being conducted by the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of distribution and receipt of child pornography on August 2, 2018.

Jason Jorgenson, age 33, was sentenced to 30 years in federal prison, followed by 10 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his cell phone.

Jorgenson was indicted for possession, distribution, and receipt of child pornography by a federal grand jury on May 9, 2017.  He pled guilty on April 2, 2018.

Jorgenson is a repeat felon.  Before the commission of these particular crimes, he had been released from prison in September 2016 after serving a four-year prison sentence for a previous child exploitation felony conviction. In December of 2016 and January 2017, the National Center for Missing and Exploited Children (NCMEC) generated two cyber-tips about child pornography being distributed from Jorgenson's residence in Sioux Falls.  An investigation of Jorgenson by Homeland Security Investigations led to the discovery of multiple internet accounts he was using to receive and distribute digital files of child pornography, often using false names to try to hide his identity.

This case was investigated by the Homeland Security Investigations of the Department of Homeland Security and the South Dakota Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Jeff Clapper prosecuted the case.

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

United States Attorney Ron Parsons announces that three men have made their initial appearances before U.S. Magistrate Judge Veronica L. Duffy on charges related to their heroin distribution in the Sioux Falls area.

Maurice Cathey, age 37, of Chicago, Illinois, was indicted by a federal grand jury for conspiracy to distribute heroin resulting in death and serious bodily injury.  Cathey appeared before Judge Duffy on July 19, 2018.  He was returned to the custody of the Minnehaha County Sheriff.  If convicted, Cathey faces a mandatory period of twenty years in prison and a maximum of life.

Jacob Lottman, age 25, of Sioux Falls, South Dakota, was indicted by a federal grand jury for distribution of heroin resulting in serious bodily injury.  Lottman appeared before Judge Duffy on July 13, 2018, and was placed into the custody of the U.S. Marshals.  If convicted, Lottman faces a mandatory period of twenty years in prison and a maximum of life.

Devlin Tommeraasen, age 23, of Sioux Falls, South Dakota, was indicted by a federal grand jury for conspiracy to distribute heroin.  Tommeraasen appeared before Judge Duffy on July 19, 2018.  He was placed into the custody of the U.S. Marshals.  If convicted, Tommeraasen faces a maximum of twenty years in prison.

The charges are merely accusations and these defendants are presumed innocent until and unless proven guilty. 

Approximately 64,000 Americans lost their lives to drug overdoses in 2016 – the highest drug death toll in American history.  This year, at least twelve drug overdose deaths have occurred in Minnehaha County alone.

Many of the drug overdoses occurring in South Dakota in the past year have resulted from the sale of heroin laced with fentanyl – a synthetic opioid much stronger than heroin.  Fentanyl is sold in many forms, such as powder, crystals, or liquid, and even a tiny amount can kill.  The estimated lethal dose of pharmaceutical grade fentanyl in humans is two milligrams, the mass of about two grains of salt, shown next to a Lincoln penny in the picture below:

Even worse, fentanyl analogues, like carfentanil, are even more potent than fentanyl and are being trafficked with increasing frequency.

Fentanyl can be mixed into other drugs, such as heroin and cocaine, or pressed into pills and sold as counterfeit prescription drugs.  Users who seek to obtain these other drugs often have no idea that they are actually putting something much deadlier into their bodies.

The U.S. Attorney’s Office is working closely with the Sioux Falls Area Drug Task Force, Drug Enforcement Administration, the Minnehaha County Sheriff’s Office, and our other federal, state, and local law enforcement partners to investigate and prosecute these cases.  

United States Attorney Ron Parsons announced that 19 defendants from Project Dakota Flyer – one of the largest wildlife trafficking investigations in the Midwest in recent history – have been sentenced.

Nine men from South Dakota, five women from South Dakota, one man from North Dakota, one man from Iowa, one man from Idaho, and two pawn shops in South Dakota, convicted of various Lacey Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act violations, have been sentenced in United States District Court by Chief Judge Jeffrey L. Viken, U.S. District Judge Roberto A. Lange, U.S. Magistrate Judge Mark A. Moreno, U.S. Magistrate Judge William D. Gerdes, and U.S. Magistrate Judge Daneta L. Wollmann.

U.S. Attorney Parsons praised the sentences: “This investigation has demonstrated the breadth of the illegal black market for eagle and other migratory bird parts.  It is our goal to completely eliminate the unauthorized killing and selling of bald eagles, golden eagles, and other protected species.  Importantly, nothing in this investigation was done to infringe upon traditional Native American use of eagle parts for cultural or spiritual purposes.  We are very sensitive to the Native American culture and religious practices that use and honor the eagle, and we want them to be able to continue to do that in a lawful and culturally appropriate manner.”

These convictions stem from incidents beginning in 2014, when the U.S. Fish and Wildlife Service initiated an undercover operation, Project Dakota Flyer, focusing on the unlawful trafficking of protected migratory birds, primarily bald and golden eagles.  The operation utilized undercover techniques to purchase eagle and other protected bird parts from 51 suspects over a 19-month period.  The purchases occurred in South Dakota, Wyoming, Montana, Nebraska, Iowa, and in some cases over the internet.

“The U.S. Fish and Wildlife Service protects our nation’s wildlife here and abroad,” said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S. Fish and Wildlife Service.  “We initiated Operation Project Dakota Flyer to stop the unlawful trafficking in protected migratory birds with a particular emphasis in bald and golden eagles.  The work of our special agents and forensic scientists revealed over 35 species of birds, from every continent except Antarctica, were trafficked.  This operation, which began in America’s heartland, illustrates how wildlife trafficking is a global crisis."

Sheldon Tree Top, age 44, of Mandan, ND, was sentenced on April 4, 2018, by Judge Lange to six months in federal prison, followed by one year of supervised release, restitution to the National Wildlife Foundation in the amount of $5,000, and a special assessment to the Federal Crime Victims Fund in the amount of $125.  Tree Top was indicted by a federal grand jury on August 22, 2017, and pled guilty on December 29, 2017, to two violations of the Bald and Golden Eagle Protection Act.

Jorge Pena, age 45, of Cedar Rapids, Iowa, was sentenced on July 16, 2018, by Chief Judge Viken to five months of federal prison on each count, to run concurrently, restitution to the National Wildlife Foundation in the amount of $20,000, and a special assessment to the Federal Crime Victims Fund in the amount of $125.  Pena was indicted by a federal grand jury on April 12, 2017,  and pled guilty on March 23, 2018, to violations of the Lacey Act and the Bald and Golden Eagle Protection Act.

Aaron David West, Jr., age 34, of Eagle Butte, SD, was sentenced on June 11, 2018, by Judge Lange to two months in federal prison, six months of home confinement, one year of supervised release, restitution to the National Wildlife Foundation in the amount of $31,750 jointly with co-defendant Aaron David West, and a special assessment to the Federal Crime Victims Fund in the amount of $125.  West was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to violations of the Bald and Eagle Protection Act, the Migratory Bird Treaty Act, and Aiding and Abetting.

Aaron David West, age 63, of Eagle Butte, SD, was sentenced on June 11, 2018, by Judge Lange to one year of probation, which includes six months of home confinement, restitution to the National Wildlife Foundation in the amount of $31,750 jointly with co-defendant Aaron David West, Jr., and a special assessment to the Federal Crime Victims Fund in the amount of $25.  West was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Bald and Golden Eagle Protection Act, and Aiding and Abetting.

Benjamin Iron Hawk, age 45, of Mission, SD, was sentenced on June 11, 2018, by Judge Lange to two months in federal prison, six months of home confinement, restitution to the National Wildlife Foundation in the amount of $28,750 joint and several with co-defendant Valencia Neck, and a special assessment to the Federal Crime Victims Fund in the amount of $100.  Iron Hawk was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Lacey Act.

Valencia Neck, age 39, of Mission, SD, was sentenced on June 11, 2018, by Judge Lange to one year or probation, which includes six months of home confinement, restitution to the National Wildlife Foundation in the amount of $28,750 joint and several with co-defendant Benjamin Iron Hawk, and a special assessment to the Federal Crime Victims Fund in the amount of $25.  Neck was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Bald and Golden Eagle Protection Act.

Christopher Pomani, age 38, of Chamberlain, SD, was sentenced on April 5, 2018, by Judge Moreno to two years of probation, a fine in the amount of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $25.  Pomani was indicted by a federal grand jury on August 22, 2017 and pled guilty on December 5, 2017, to a violation of the Bald and Golden Eagle Protection Act and Aiding and Abetting.

Arvella Pomani, age 36, of Box Elder, SD, was sentenced on July 17, 2018, by Judge Moreno to one year of probation, restitution to the National Wildlife Foundation in the amount of $16,800, and a special assessment to the Federal Crime Victims Fund in the amount of $25.  Pomani was indicted by a federal grand jury on August 22, 2017, and pled guilty on July 17, 2018, to a violation of the Bald and Golden Eagle Protection Act and Aiding and Abetting.

Chet Christensen, d/b/a Chet’s Place, age 67, of Tuthill, SD, was sentenced on March 28, 2018, by Judge Moreno to one day of probation, a fine in the amount of $3,000, restitution to the National Wildlife Foundation in the amount of $3,500, and a special assessment to the Federal Crime Victims Fund in the amount of $25.  Christensen was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 28, 2018, to a violation of the Bald and Golden Eagle Protection Act.

Elray Rosaaen, d/b/a Buffalo Gap Trading Post, age 72, of Buffalo Gap, SD, was sentenced on March 23, 2018, by Judge Wollmann to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Rosaeen was indicted by a federal grand jury on September 12, 2017, to a one count Indictment of Migratory Bird Treaty Act.

Manuel Lieras, age 67, of Pocatello, Idaho, was sentenced on March 28, 2018, by Judge Gerdes to a fine in the amount of $5,000, restitution to the National Wildlife Foundation in the amount of $900, and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Lieras was indicted by a federal grand jury on September 12, 2017, and pled guilty on March 28, 2018, to a violation of the Migratory Bird Treaty Act.

Steven Marin, d/b/a Mobridge Pawn, age 47, of Selby, SD, was sentenced on March 28, 2018, by Judge Moreno to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Marin was indicted by a federal grand jury on September 12, 2017, and pled guilty on March 28, 2018, to a violation of the Migratory Bird Treaty Act.

Jeffrey Jensen, d/b/a Jerry’s Pawn Shop, age 53, of Mobridge, SD, was sentenced on April 11, 2018, by Judge Moreno to a fine in the amount of $3,000, restitution to the National Wildlife Foundation in the amount of $1,750, joint and several with co-defendant Amanda Silbernagel, and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Jensen was indicted by a federal grand jury on September 12, 2017, and pled guilty on April 11, 2018, to a violation of the Migratory Bird Treaty Act.

Amanda Silbernagel, d/b/a Jerry’s Pawn Shop, age 30, of Mobridge, SD, was sentenced on April 11, 2018, by Judge Moreno to a fine in the amount of $1,000, restitution to the National Wildlife Foundation in the amount of $1,750, joint and several with co-defendant Jeffrey Jensen, and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Silbernagel was indicted by a federal grand jury on September 12, 2017, and pled guilty on April 11, 2018, to a violation of the Migratory Bird Treaty Act.

Wanda Dupris, age 45, of Eagle Butte, SD, was sentenced on April 24, 2018, by Judge Moreno to a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $25.  Dupris was indicted by a federal grand jury on August 22, 2017, and pled guilty on April 24, 2018, to a violation of the Bald and Golden Eagle Protection Act.

Fair Deal Pawn, a business in Box Elder, SD, was sentenced on May 29, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Fair Deal Pawn was indicted by a federal grand Jury on September 12, 2017, and pled guilty on May 29, 2018, to a violation of the Migratory Bird Treaty Act.

Kenneth Foster, d/b/a Rapid Pawn, of Box Elder, SD, was sentenced on July 13, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Foster was indicted by a federal grand Jury on September 12, 2017, and pled guilty on July 13, 2018, to a violation of the Migratory Bird Treaty Act.

Pawn With Us, a business in Rapid City, SD, was sentenced on June 1, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Pawn With Us was indicted by a federal grand Jury on September 12, 2017, and pled guilty on June 1, 2018, to a violation of the Migratory Bird Treaty Act.

Melinda Sue Relf, a/k/a Melinda Sue Red Feather, age 37, of Rapid City, SD, was sentenced on July 27, 2018, by Judge Wollmann, to a fine in the amount of $1,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10.  Relf was indicted by a federal grand Jury on September 12, 2017, and pled guilty on July 27, 2018, to a violation of the Migratory Bird Treaty Act.

Restitution for the loss of the eagles and other migratory birds was sought by the United States in these cases where it could be proved that a deceased bird was trafficked as part of the illegal activity.  Following extensive expert testimony, the Courts adopted a restitution value for immature eagles at $5,000 and adult eagles at $10,000. 

These cases were investigated by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Eric Kelderman and Meghan N. Dilges prosecuted the cases.  

United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Yankton, South Dakota, man convicted of Possession of Child Pornography.

Richard Leon Engbretson, age 36, was sentenced on July 30, 2018, to 10 years in federal prison, followed by 10 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his computer and cell phone.

Engbretson was indicted for possession of child pornography by a federal grand jury on August 8, 2017.  He pled guilty on May 10, 2018.

On February 4, 2017, Yankton Police responded to a 911 call from the residence of Richard Engbretson.  In the call, Engbretson explained that he cut his own wrists because he was depressed and lonely.  He also stated that he was a sex offender and had looked at child pornography.  When officers arrived, Engbretson opened the door holding his left wrist in a towel.  A forensic examination led to the discovery of child pornography on Engbretson's computer and cell phone. 

This case was investigated by the Yankton Police Department, the Federal Bureau of Investigation, and prosecuted by Assistant U.S. Attorney Jeff Clapper.

Engbretson was returned to state custody to complete a sentence for a 2015 conviction for possessing child pornography.

United States Attorney Ron Parsons announced that Alvin Felicianosoto, age 34, of Sioux Falls, South Dakota, who was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute a controlled substance, was sentenced to 210 months in federal prison on July 9, 2018, by U.S. District Court Judge Karen E. Schreier.  Co-conspirator Orlando Dones-Vargas, age 32, of Sioux Falls, who was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute methamphetamine, was sentenced by Judge Schreier to 235 months in federal prison on July 16, 2018.

“These convictions and substantial prison sentences are the result of phenomenal detective work by our law enforcement partners on the Sioux Falls Area Drug Task Force,” said U.S. Attorney Parsons.  “We are united in our efforts to eliminate this destructive poison from our communities and to hold those who bring it here accountable for their criminal acts.”

Both sentences will be followed by five years of supervised release.  The men were also ordered to each pay $200 to the Federal Crime Victim’s Fund.  Dones-Vargas was indicted by a federal grand jury on September 6, 2017.  He was found guilty after a jury trial on January 31, 2018.  Felicianosoto was indicted by a federal grand jury on September 6, 2017, and was found guilty after a jury trial on February 14, 2018.

The investigation of Felicianosoto and Dones-Vargas revealed their joint involvement in a multi-state drug ring that was responsible for transporting more than 50 pounds of meth to South Dakota.  Each pound of meth provides over 1,000 doses (illegal uses) for typical users.

A search warrant was executed at Felicianosoto’s home in Sioux Falls, where law enforcement found about 100 grams of meth in his garage, in addition to the more than 100 grams of meth that he was carrying in his pocket when he was arrested.  Law enforcement found an additional four pounds of meth, along with four cocked and loaded handguns, hidden under a bed in what appeared to be a children’s bedroom in an apartment used by Dones-Vargas.

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.

This case was investigated by the Sioux Falls Area Drug Task Force, South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of Bank Robbery.

Cody Maynard, age 27, was sentenced on July 31, 2018, to 72 months in federal prison, followed by 3 years of supervised release.  Maynard was also ordered to pay $4,215.36 in restitution, and $100 to the Federal Crime Victims Fund.

According to documents filed in court, on April 27, 2017, Maynard robbed Voyage Federal Credit Union by the use of force, violence, and intimidation.  Maynard robbed the bank of $3,600.00.  The money belonged to and was in the care, custody, control, management and possession of the Voyage Federal Credit Union, a bank whose deposits were then federally insured by the National Credit Union Administration.  During the bank robbery, Maynard wore brass knuckles and threatened to use a gun and a knife.    

This case was investigated by the Federal Bureau of Investigation and the Sioux Falls Police Department. The case was prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.

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

United States Attorney Ron Parsons announced that William Andrews, age 32, was found guilty of Possession of a Firearm by a Prohibited Person following a federal jury trial in Rapid City, South Dakota.

The charge carries a maximum sentence of 10 years in federal prison, and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Evidence at trial established that on January 24, 2018, law enforcement officers with the Black Hills Fugitive Task Force found Andrews by himself inside a shed he had built behind a home in Rapid City.  Andrews had locked himself inside the shed, which was being used as a bedroom, and was found to be in possession of a Kel-Tec, model PF-9, 9mm pistol. Andrews is prohibited from possessing firearms due to a previous conviction for first degree robbery.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennington County Sheriff’s Office, U.S. Marshals Service, and the Rapid City Police Department.  Assistant U.S. Attorney Benjamin Patterson prosecuted and tried the case.

A sentencing date was set for October 9, 2018.  Andrews 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 was charged in federal district court with Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.

Dustin Eck, age 34, was charged on May 22, 2018.  He appeared before U.S. Magistrate Judge Daneta Wollmann on July 25, 2018, and pleaded not guilty to the charge.  The penalty upon conviction is 5-40 years in federal prison and/or a $5,000,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Eck possessing methamphetamine with the intent to distribute it, and also knowingly being in possession of two rifles.  The charges are merely an accusation and Eck is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  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.

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

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, Aggravated Sexual Abuse, and Abusive Sexual Contact.

Iran Small Bear, a/k/a Ivan Small Bear, age 37, was indicted on June 12, 2018.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 30, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that between July 27, 2016, and April 19, 2018, Small Bear knowingly engaged in, and attempted to engage in, a sexual act and sexual contact with a minor female.

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

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

Small Bear 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 St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.

John Matthew Brave Hawk, age 20, was sentenced to 30 months in federal prison, 3 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Brave Hawk was indicted by a federal grand jury on January 17, 2018. He pled guilty on April 30, 2018.

The conviction stemmed from an incident on November 14, 2017, when Brave Hawk intentionally drove a vehicle towards a group of people, and struck one of the individuals which caused abrasions to their head, knees and hands.

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

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

United States Attorney Ron Parsons announced that Nathaniel Johnson, age 30, from Dickinson, North Dakota, was convicted of Possession of Explosives by a Prohibited Person and sentenced to 33 months in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on June 25, 2018, by U.S. District Judge Roberto A. Lange.

United States Attorney Ron Parsons also announced that William Fralick, age 30, from Harrisburg, South Dakota, charged with Misprision of a Felony, pled guilty and was sentenced to time served, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on July 25, 2018, by U.S. District Judge Lange.

Johnson and Fralick were indicted by a federal grand jury on January 17, 2018. Johnson pled guilty on April 3, 2018, and Fralick pled guilty on July 25, 2018.

The convictions stem from an incident on January 19, 2017, when Johnson and Fralick, who were fugitives from justice, were arrested in Reliance, South Dakota. Found in Johnson’s possession, during his arrest, was 58 ½ inches of detonation cord and an emulsion explosive containing ammonium nitrate, sodium nitrate, microballoons, aluminum and oil/wax from a plastic orange tube marked “Orica” and “Explosivos Mexicanos”, which are explosives that had been shipped and transported in interstate and foreign commerce.

Johnson did not possess a valid license or permit to possess explosives and has multiple convictions for crimes punishable in excess of one year.

Fralick learned that Johnson was illegally in possession of explosives and knew that Johnson was prohibited from possessing explosives. Despite this knowledge, Fralick failed to report this information to federal law enforcement officials.

This case was investigated by the South Dakota Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Johnson was turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.

Sierra Bridwell, a/k/a Sierra Red Water, a/k/a Sierra High Elk, age 22, was sentenced to the mandatory minimum, 60 months in federal prison, 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bridwell was indicted by a federal grand jury on November 14, 2017. She pled guilty on May 2, 2018.

The conviction stems from a conspiracy beginning in at least March of 2017, when it was discovered that Bridwell and her co-Defendant received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided them with the distributable quantities of methamphetamine knew that Bridwell and her co-Defendant intended to engage in further distribution of the methamphetamine.

It was reasonably foreseeable to Bridwell that at least 200 grams of methamphetamine would be distributed during the course of the conspiracy.

Methamphetamine is a Schedule II controlled substance.

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

Bridwell 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 Assaulting, Resisting, and Impeding a Federal Officer and Failure to Register as a Sex Offender was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.

On the assault conviction, Jasyn Curley, age 23, was sentenced to 9 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25. On the failure to register conviction, Curley was sentenced to 18 months in federal prison, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

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

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

The assault conviction stemmed from an incident on November 17, 2017, when Curley was arrested for being intoxicated and disorderly. While the officers were placing him in handcuffs, Curley resisted and pulled away from the officers. The officers were able to restrain Curley, and while escorting him to the patrol car, Curley would not walk and refused to get into the back seat of the patrol car. The officers eventually were able to place Curley in the backseat of the patrol car. Upon arrival at the corrections facility, Curley was being escorted into the facility by corrections staff. Curley turned towards the officer who arrested him and spit in his face.

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

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

United States Attorney Ron Parsons announced that a Westminster, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Matthew Steele, age 34, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, or both, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 10, 2018, Steele knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, which is a Schedule II controlled substance.

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

Steele was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 18, 2018.

United States Attorney Ron Parsons announced that a Burke, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer, Failure to Appear, and Escape was sentenced on July 25, 2018, by U.S. District Judge Roberto A. Lange.

Anthony One Star, Jr., a/k/a Tony One Star, age 30, was sentenced to 15 months in federal prison, for the Assaulting a Federal Officer charge, and 5 months in federal prison, for the Failure to Appear and Escape charge to be served consecutively, 2 years of supervised release for both charges to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

One Star was indicted for Assaulting a Federal Officer by a federal grand jury on May 16, 2017 and pled guilty on November 1, 2017. One Star was indicted for Failure to Appear and Escape by a federal grand jury on May 15, 2018 and pled guilty to that charge on June 27, 2018.

The Assault conviction stemmed from an incident that occurred on March 22, 2017. Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded to a report of a man lying on the ground screaming for help. An officer helped One Star to his feet and One Star got into a fighting stance and asked the officer if he wanted to “test” him. Following arrest, One Star became combative while being assessed at the Indian Health Services Hospital and spit on a RSTLES officer’s chest.

On November 1, 2017, One Star pled guilty to the Assault charge and was ordered detained in the custody of the U.S. Marshals Service (USMS) pending sentencing on April 2, 2018. One Star was granted release from USMS custody to attend a treatment program, and failed to return to custody as ordered. On April 2, 2018, One Star did not appear for his scheduled sentencing hearing in connection with the aforementioned criminal charge as required.

These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Ron Parsons announced that a South Rockwood, Michigan, man was arrested for climbing Mount Rushmore. 

Zachary Schossau, 19, was arrested on July 22, 2018, by U.S. Park Rangers.  Schossau appeared before U.S. Magistrate Judge Daneta Wollman on July 23, 2018, and was ordered to pay a $1,000 fine and a $30 court processing fee.

The U.S. Attorney’s Office and the National Park Service remind and caution the public that climbing Mount Rushmore National Memorial is a violation of the law, and offenders will be prosecuted.

“Please be respectful and stay off the Rushmore Memorial,” said U.S. Attorney Parsons.  “The terrain is hazardous, and it ends in federal court.”

Assistant U.S. Attorney Kathryn Rich prosecuted the case.

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.

Austin Paul Abernathy, age 27, was sentenced to 18 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.

Abernathy was indicted by a federal grand jury on September 12, 2017.  He pled guilty on May 5, 2018.

The conviction stems from an incident on August 27, 2017, when BIA Law Enforcement was summoned to a residence in Fort Thompson, in response to an assault.  The owner of the house stated that a woman had come to his door looking for help and bleeding.  A BIA officer arrived at the residence and found the victim standing in the house bleeding from her hand, leg, and arms.  The victim stated she was sleeping at the house across the street when she was attacked by her boyfriend, Abernathy.  An ambulance came to the residence and brought her to the hospital in Chamberlain.

The officer went across the street to check for Abernathy, who was finally found on a bed pretending to be asleep.  The officer detained Abernathy and put him in the back of his vehicle.  The officer also noticed blood on Abernathy’s hands and he was placed under arrest.

A Special Agent with the BIA went to the hospital in Chamberlain to speak with the victim, who stated she was in the back bedroom when Abernathy came in and began to hit her.  The victim required 12 stiches to close the wounds she received.  The victim and Abernathy were in a dating and intimate relationship at the time of the assault.

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

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.

Ashley Traversie, age 28, was indicted on July 17, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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, up to 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between December 2, 2016, and August 17, 2017, Traversie willfully and knowingly stole, embezzled, and converted to her own use, money and funds belonging to the Lakota Thrifty Mart, an Indian tribal organization, in an amount greater than $1,000.

The charge is merely an accusation and Traversie 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.   

Traversie was released on bond pending trial which has been set for September 18, 2018.

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

Tommy Shaving, age 49, was indicted on July 10, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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 October 12, 2017, and October 28, 2017, Shaving unlawfully took and carried away proceeds from checks written on two individuals’ checking accounts, valued at more than $1,000.

The charge is merely an accusation and Shaving 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.   

Shaving was released on bond pending trial.  A trial date has been set for September 18, 2018.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.

Tommy Shaving, age 49, was indicted on July 10, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between November 29, 2017, and December 1, 2017, Shaving unlawfully entered and remained in the United Church of Christ church, with the intent to commit larceny. 

The Indictment also alleges that between November 29, 2017, and December 1, 2017, Shaving unlawfully took and carried away three star quilts, valued at more than $1,000.

The charges are merely accusations and Shaving 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.   

Shaving was released on bond pending trial.  A trial date has been set for September 18, 2018.

United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse.

Keeler Condon, a/k/a “Bud” Condon, age 32, was indicted on July 17, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about May 28, 2018, Condon knowingly engaged in, and attempted to engage in, a sexual act with a female juvenile victim who was incapable of appraising the nature of the conduct, and was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual act.

The charge is merely an accusation and Condon 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.   

Condon was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 18, 2018.