FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Ridgeview Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons, announced that a Ridgeview, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 2, 2018, by U.S. District Judge Roberto A. Lange.
Sterlyn Bartlett, age 20, was sentenced to 30 months in custody, followed by 2 years of supervised release, restitution in the amount of $405.44, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bartlett was indicted by a federal grand jury on May 16, 2017. He pled guilty on October 5, 2017.
The conviction stemmed from an incident on January 10, 2017, in Eagle Butte, when Bartlett got into a disagreement with his girlfriend on whether or not to sleep with a light on, which escalated to Bartlett hitting his girlfriend in the face and ultimately breaking her jaw.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bartlett was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Sexual AssaultRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact of a Minor by Force.
Jerome Goodhouse, age 26, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 5, 2016, Goodhouse knowingly engaged in, and attempted to engage in, a sexual act with a minor female victim, by the use of force.
The charges are merely accusations and Goodhouse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Goodhouse was released on bond pending trial, which has not been set.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Tyler Harmon, age 27, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 10, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 12, 2016, Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a lieutenant from the Bureau of Indian Affairs, while said lieutenant was engaged in the performance of his official duties.
The charge is merely an accusation and Harmon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Harmon was released on bond pending trial, which has not been set.
Second Conspirator Pleads Guilty in Fraudulent Medical Device SchemeRead the Press Release
A second individual pleaded guilty yesterday in connection with a scheme to defraud consumers by selling light-emitting devices as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today.
Irina Kossovskaia, 63, of Ontario, Canada, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. Kossovskaia faced charges along with Robert “Larry” Lytle and Fredretta Eason relating to her involvement with the devices, known as the “QLaser System.” A fourth individual, Ronald D. Weir, Jr., pleaded guilty to his role in the conspiracy last February.
According to documents filed with the U.S. District Court for the District of South Dakota, Kossovskaia and co-conspirators including Lytle and Weir marketed and distributed QLaser devices by falsely claiming that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, diabetes, autism, HIV, and heart disease. No published clinical or scientific studies supported the use of QLaser devices to treat such serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such use.
As part of her plea agreement, Kossovskaia admitted that she and Lytle made false claims about the QLasers’ curative powers to mislead consumers into purchasing the devices, which sold for over $4,000 per unit. Kossovskaia further admitted to assisting Lytle by smuggling hundreds of QLaser devices out of Rapid City to her facility in upstate New York after a federal court ordered Lytle to stop selling the devices. Kossovskaia continued to sell the devices until 2017 and funneled tens of thousands of dollars in proceeds to Lytle, even though he was under court order to refund consumers for every QLaser purchase made since 2001.
“Fraudulent medical device scams exploit vulnerable citizens,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue its efforts to protect people from those who knowingly peddle ineffective and potentially dangerous products as treatments for serious illnesses.”
“Deplorable schemes involving unproven, ineffective and worthless medical devices take advantage of people who are impaired by chronic, debilitating pain and disease. The U.S. Postal Inspection Service is committed to ensuring that these types of schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Dana Carter of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals who unknowingly fall prey to these schemes in their time of need. We cannot allow fraudsters like these to utilize the U.S. mail to further their schemes.”
U.S. District Judge Karen E. Schreier accepted Kossovkaia’s plea. In addition to fines, Kossovskaia faces a maximum statutory sentence of five years’ imprisonment. A sentencing date has not yet been set.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Soldier Creek Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Soldier Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse of a Minor.
Rylan Alton Joel Black Lance, age 22, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 9, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, any term of years, not less than 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2017, Black Lance knowingly caused and attempted to cause a female victim to engage in a sexual act, by the use of force.
The charges are merely an accusation and Black Lance is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Black Lance was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Men Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announces that two Sioux Falls, South Dakota, men convicted of Conspiracy to Distribute Methamphetamine were sentenced on January 4, 2018, by U.S. District Judge Karen E. Schreier.
Cody Baade, age 25, was sentenced to 210 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Corey Roelfsema, age 29, was sentenced to 240 months in custody and a $100 special assessment to the Federal Crime Victims Fund.
A superseding indictment was issued against the two for Conspiracy to Distribute Methamphetamine by a federal grand jury on April 4, 2017. Baade pled guilty to the Indictment on September 27, 2017. Roelfsema was found guilty after a jury trial on October 4, 2017.
Starting in 2014, Baade, Roelfsema, and others were involved in a conspiracy to distribute methamphetamine that brought over 30 kilograms of methamphetamine to Sioux Falls.
This case was investigated by the Drug Enforcement Administration, the the Sioux Falls Area Drug Task Force, and the South Dakota Highway Patrol. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Mission Man Convicted of Possession of Stolen FirearmsRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that Jesse J. Waln, age 32, of Mission, South Dakota, was found guilty of two counts of Possession of Stolen Firearms as a result of a federal jury trial in Pierre, South Dakota.
The charges each carry a maximum penalty of up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Waln was indicted by a federal grand jury on January 19, 2017.
During the weekend of November 11 to 13, 2016, several co-defendants broke into a home located in Mission, and stole many household items, clothes, tools, power tools, an ATV, firearms, and ammunition.
Waln received and possessed a stolen Benelli SuperNova 12 Gauge Shotgun, which he later hid in a tree line. He also received a stolen Savage .204 caliber rifle that was traded for methamphetamine and recovered at a known drug house. Waln admitted he was also a regular user of methamphetamine.
The jury found the defendant knew the firearms were stolen and that the defendant possessed each of the firearms with such knowledge.
In addition, on the morning of the first day of the jury trial, the defendant admitted he burglarized another home in Mission in May 2016. Regarding that offense, he was convicted of First Degree Burglary and Larceny for working with others to purloin property from his neighbor’s house, and that he entered and stole a valuable Michael Jordan autographed poster.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Meghan N. Dilges and Daniel C. Nelson prosecuted the case.
A presentence investigation was ordered and a sentencing hearing was set for March 19, 2018, when Waln and several of his crime partners will be sentenced. Waln was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 2, 2018, by U.S. District Judge Roberto A. Lange.
Colton White Feather, age 23, was sentenced to 41 months in custody, followed by 3 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 May 16, 2017. He pled guilty on October 17, 2017.
The conviction stemmed from an incident on July 28 and 29, 2016, when White Feather went to an individual’s home with a 3/4" wooden mop handle and ended up in a dispute with people who were present and swung the mop handle, hitting the victim in the head which resulted in the victim breaking her jaw.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 5, 2018, by U.S. District Judge Roberto A. Lange.
Celby Noisy Hawk, Jr., age 42, was sentenced to 42 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Noisy Hawk was indicted by a federal grand jury on July 18, 2017. He pled guilty on September 26, 2017.
The conviction stemmed from an incident on June 9, 2017, when Noisy Hawk asked an individual for money to buy alcohol and the individual denied his request, telling Noisy Hawk that he was already very drunk. The denial resulted in an argument between Noisy Hawk and the individual, who then called the police department. Prior to law enforcement arriving, Noisy Hawk punched the victim several times in the head and face, and when the victim attempted to walk away, Noisy Hawk hit the victim again causing her to fall and breaking her ankle. The punches to the victim’s face caused a fracture in the right orbital socket, a closed head injury with a small subdural hematoma, and a small cortical convexity subarachnoid hemorrhage.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Noisy Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Nevin Thomas Joaquin, age 29, was indicted on December 12, 2017. He appeared before U.S. Magistrate Court Judge Daneta Wollmann on December 14, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction are life in prison, a $10,000,000 fine, a lifetime of supervised release, forfeiture of firearms, ammunition, and U.S. currency, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2013, and December 12, 2017, Joaquin knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Indictment further alleges that on April 1, 2016, and February 18, 2016, Joaquin unlawfully possessed firearms.
The charges are merely accusations and Joaquin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Joaquin was ordered to be detained. A trial date has been set for February 20, 2018.
Chicago, Illinios Men Sentenced in Heroin ConspiracyRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announces that two Chicago, Illinois, men convicted of Conspiracy to Distribute Heroin were sentenced on January 4, 2018, by U.S. District Judge Karen E. Schreier.
Clifton Curtis Odie, age 42, was sentenced to 240 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Robert Andrew Lockhart, age 48, was sentenced to 107 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Co-conspirators Raleigh Dee Thomas, age 26, and Stephen Nathaniel Harris, age 38, were each sentenced to 60 months in custody by Judge Schreier in October of 2017.
An indictment was issued against the group for Conspiracy to Distribute Heroin by a federal grand jury on February 7, 2017. All four pled guilty to the charge in 2017.
Starting in 2014, Odie and his associates brought over one kilogram of heroin to Sioux Falls from Chicago and distributed the heroin, sometimes trading heroin for firearms.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Cherry Creek Woman Sentenced for Concealing a Person from ArrestRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Cherry Creek, South Dakota, woman convicted of Concealing a Person from Arrest was sentenced on January 3, 2018, by U.S. District Judge Roberto A. Lange.
September Waloke, age 52, was sentenced to 3 months in prison, followed by 1 year of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Waloke was indicted by a federal grand jury on November 9, 2016, for Concealing a Person from Arrest. She was found guilty on September 14, 2017, following a three-day jury trial.
The evidence produced at trial indicated the following: In the early morning hours of October 20, 2016, Deputy U.S. Marshals went to the Condon Waloke residence in Cherry Creek in an attempt to locate Tyson LeCompte, a/k/a Tyson Garreau, who had been issued a federal arrest warrant for failing to return to the Hughes County jail, following his release on a one-day furlough the day before. When LeCompte was not found in the residence, the deputies advised Condon and Waloke that they could not conceal, harbor, or assist LeCompte in any manner, and that they needed to contact law enforcement if they came into contact with him.
Later that same morning, LeCompte came to the Condon Waloke residence and stayed there throughout the day. Around 5:00 p.m. that evening, Cheyenne River Sioux Tribal Police went to the residence and found LeCompte hiding in one of the bedrooms under a bed. The jury found that Waloke knew that LeCompte was in the home and intentionally harbored and concealed LeCompte to prevent his arrest.
This case was investigated by the U.S. Marshals Service, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Waloke was ordered to self-report to the custody of the U.S. Marshals Service on January 5, 2018, to begin serving her sentence.
Ron Parsons Takes the Helm as the 42nd U.S. Attorney for the District of South DakotaRead the Press Release
Ronald A. Parsons, Jr. has been sworn in as the 42nd United States Attorney for the District of South Dakota. He was sworn in by U.S. District Judge Karen E. Schreier at a brief ceremony in Sioux Falls, South Dakota, on January 5, 2018. He began his duties immediately.
As U.S. Attorney, Mr. Parsons is the chief law enforcement officer responsible for prosecuting and defending the interests of the United States in the District of South Dakota. Mr. Parsons was nominated by President Donald J. Trump, and he was recently confirmed by the U.S. Senate, to serve as the District’s U.S. Attorney.
Before his confirmation, Mr. Parsons was a partner at the law firm of Johnson Janklow Abdallah Reiter & Parsons LLP. He received his B.A. from the University of Minnesota and his J.D. from the University of South Dakota School of Law. Following law school, he clerked for the Honorable Roger L. Wollman, Circuit Judge, U.S. Court of Appeals for the Eighth Circuit.
“I’m very grateful for the appointment and excited to be joining such a talented and dedicated team of public servants,” said Parsons.
Mr. Parsons lives in Sioux Falls with his wife and daughter.
McLaughlin Man Sentenced for Assault by StrangulationRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation was sentenced on January 4, 2018, by U.S. District Judge Charles B. Kornmann.
River Grey Bull, age 23, was sentenced to 18 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Grey Bull was indicted by a federal grand jury on May 16, 2017. He pled guilty on October 23, 2017.
The conviction stemmed from an incident on April 11, 2016, when Grey Bull and his intimate partner were sleeping at a residence in McLaughlin. When Grey Bull awoke, he began demanding that his intimate partner leave the residence. Grey Bull approached her, pushed her against a wall, and began strangling her.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Grey Bull was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Child Abuse, Assaults, and Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Little Eagle, South Dakota, man convicted in two separate trials of three counts of Child Abuse, three counts of Assault with a Dangerous Weapon, and Receipt of Images Depicting the Sexual Exploitation of Minors was sentenced on January 4, 2018, by U.S. District Judge Charles B. Kornmann.
Chavez Spotted Horse, age 41, was sentenced to 76 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $600 on the Child Abuse and Assault with a Dangerous Weapon charges, resulting from a jury trial conviction on October 19, 2017. Spotted Horse was also sentenced to 78 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on the Receipt of Child Pornography charge, resulting from a jury trial conviction on November 8, 2017. The sentences are to be served consecutively to one another.
Spotted Horse was indicted by a federal grand jury on January 19, 2017, and again on March 15, 2017.
Following a 3-day federal jury trial held between October 17, 2017, and October 19, 2017, in Aberdeen, South Dakota, Spotted Horse was found guilty of three counts of Child Abuse and three counts of Assault with a Dangerous Weapon.
Following a 3-day federal jury trial held between November 6, 2017, and November 8, 2017, in Aberdeen, Johnson was found guilty of two counts of Receipt of Imaging Depicting the Sexual Exploitation of Minors and Possession of Child Pornography. The Possession of Child Pornography charge was later dismissed by the Government.
The convictions on the Child Abuse and Assault with a Dangerous Weapon charges stem from an incident on December 1, 2016, when the Bureau of Indian Affairs law enforcement was summoned to a school in Little Eagle, to investigate a reported child abuse matter. Upon arrival, officers made contact with the 11-year-old victim, who was visibly bruised over large portions of her body.
The victim informed the officer that Spotted Horse started to question her about boys. The victim stated that when she did not answer his questions, Spotted Horse started to beat her on her legs and back with a plastic kitchen spoon, a rod, and a plastic hanger. As a result of the assault, the victim suffered serious bruising to her legs and back.
The conviction on the Child Pornography charge stems from an incident in the fall of 2015, when the Federal Bureau of Investigation received information indicating a computer in Little Eagle was accessing child pornography. A search warrant was obtained and the home of Spotted Horse was searched. Computers and hard drives were seized pursuant to the search warrant. Spotted Horse provided passwords to the computers and admitted to viewing and receiving child pornography on the computers, over the internet on specialized websites, including sexually explicit pictures of young children.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Standing Rock Agency, the Department of Homeland Security Homeland Security Investigations, the North Dakota Crime Bureau’s Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation-Internet Crimes Against Children Task Force, and the BIA-OJS Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Criminal ContemptRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man charged with Criminal Contempt pled guilty to and was sentenced on January 3, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Clint Roubideaux, age 33, was sentenced to 1 year of probation and ordered to serve 100 hours of community service. He was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $10.
The conviction stemmed from an incident that occurred in February 2017, wherein Roubideaux, who had been subpoenaed to testify as a witness, failed to appear at the U.S. Courthouse in Pierre, South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Allen Man Acquitted of AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Allen, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on January 3, 2018.
Dennis Lucci, age 58, was initially indicted by a federal grand jury on July 18, 2017.
The investigation was conducted by the Bureau of Indian Affairs and the U.S. Attorney’s Office prosecuted the case.
Ziebach County Man Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ziebach County, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, and Possession of a Firearm by a Prohibited Person.
Jason Leo Fischer, age 33, was indicted on November 22, 2017. He appeared before U.S. Magistrate Court Judge Mark A. Moreno on December 11, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction are up to 20 years in custody and/or a $1,000,000 fine, three years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 1, 2016, and the date of the Indictment, Fischer knowingly and intentionally conspired with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine. The Indictment further alleges that since June 1, 2016, Fischer used and maintained his residence for purposes of distributing and using a controlled substance. Furthermore, it is alleged that on September 5, 2016, Fisher, an unlawful user of and addicted to a controlled substance, knowingly received and possessed a .22 caliber rifle, which had been shipped and transported in interstate commerce and foreign commerce, in violation of federal law.
The charges are merely accusations and Fischer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Fischer was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 6, 2018.
Wanblee Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Isadore John Conquering Bear, age 44, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to any term of years or life in custody and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 11, 2017, Conquering Bear, knowingly caused the victim to engage in a sexual act by use of force.
The charge is merely an accusation and Conquering Bear 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 Daniel C. Nelson is prosecuting the case.
Conquering Bear was released on bond. A trial date has been set for April 3, 2018.
Mission Man Sentenced for Possession of CocaineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on December 19, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Charles Griffen Spotted Elk, age 21, was sentenced to 18 months probation, a $1,000 fine, forfeiture of U.S. currency seized by law enforcement, and a special assessment of $25 to the Federal Crime Victims Fund.
Spotted Elk was indicted by a federal grand jury on May 16, 2017, for Possession with Intent to Distribute a Controlled Substance. He pled guilty to Possession of a Controlled Substance on December 19, 2017.
On November 6, 2016, Rosebud Sioux Tribal Law Enforcement Service Officers performed a traffic stop on a vehicle near Mission, in which Spotted Elk was a passenger. Found inside the vehicle under the seat where Spotted Elk was sitting, was a plastic baggie containing 7.22 grams of cocaine and 2.88 grams of marijuana. Also found on Spotted Elk during the traffic stop was $56 in United States currency, and $538 in United States currency in the wallet belonging to the driver of the vehicle. Spotted Elk agreed to forfeit any interest he may have had in the currency.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Spotted Elk was released on conditions following sentencing.
Eagle Butte Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by a Prohibited Person was sentenced on December 11, 2017, by U.S. District Judge Roberto A. Lange.
Elliot John Tiger, age 27, was sentenced to 10 months in custody, followed by 2 years of supervised release, forfeiture of two firearms and ammunition, and a special assessment of $100 to the Federal Crime Victims Fund.
Tiger was indicted by a federal grand jury on June 14, 2017, for Possession of a Firearm by a Prohibited Person and pled guilty to the charge on September 26, 2017.
On December 9, 2016, the Cheyenne River Sioux Tribal Police conducted a traffic stop on a vehicle in which Tiger was a passenger. At the time of the stop, law enforcement seized a .30-30 caliber rifle from the front seat where Tiger was sitting, and a 12 gauge shotgun located in the back seat. Tiger denies any ownership in the two firearms or any ammunition found in the vehicle; however, agreed to forfeit any interest he may have had in both the firearms and the ammunition. Tiger admitted to smoking marijuana on the date of the traffic stop and prior to that date. While he denied owning either firearm, Tiger admitted that the rifle was within his reach in the vehicle, and that he had fired both firearms earlier in the day.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotic Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Tiger was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Michael Thomas LeBeau, age 23, was indicted on December 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 2, 2015, in Eagle Butte, LeBeau did unlawfully assault an individual with a dangerous weapon, that is, shod feet with the intent to do bodily harm and said assault did result in serious bodily injury.
The charge is merely an accusation and LeBeau 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.
LeBeau was released on a bond pending trial. A trial date has not been set.
Mission Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on December 19, 2017, by U.S. District Judge Roberto A. Lange.
Dace Lunderman, age 33, was sentenced to 319 days in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Lunderman was indicted by a federal grand jury on February 15, 2017. He pled guilty on December 19, 2017.
The conviction stemmed from an incident that occurred in the White Horse Community near Mission, in the early morning hours of January 6, 2017. Lunderman had been drinking at home and began arguing with a family member. He then picked up a knife and chased after two other individuals that were trying to depart the house. He ran into them near the doorway and cut one of them on the arm with the knife.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Lunderman was ordered to surrender to the U.S. Marshals Service by noon on December 27, 2017.
Harrold Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty and was sentenced on December 18, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Raynard Lee Howe, Jr., age 20, was sentenced to two years of probation, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 28, 2017, when Howe, who was brought into the BIA Correctional center in Lower Brule following his arrest, refused to cooperate by refusing to answer any questions and remained silent. A correctional officer began to collect Howe’s personal belongings, but Howe began to move, squirm, and resist the officer in an attempt to impede the booking process.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Mission Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 11, 2017, by U.S. District Judge Roberto A. Lange.
Richard William Neiss, age 46, was sentenced to 46 months in custody, followed by 3 years of supervised release, a $1,000 fine, forfeiture of $1,141.76 and ammunition seized by law enforcement on November 24, 2016, and a special assessment of $100 to the Federal Crime Victims Fund.
Neiss was indicted by a federal grand jury on March 15, 2017, for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance. Neiss pled guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine) on September 26, 2017.
Neiss admitted to possessing methamphetamine on three separate occasions, with the intent to further distribute it: 1) on July 22, 2014, Neiss was caught with 4 grams of methamphetamine at the Rosebud Sioux Tribe’s Casino; 2) on November 24, 2016, Neiss was stopped by Rosebud Sioux Tribal Police in Mission, and inside his vehicle was found 2.5 grams of methamphetamine, three digital scales, a large quantity of plastic baggies, $1,147.76 in U.S. currency, and a box of shotgun shells; and 3) on April 8, 2017, in Mission, Niess was arrested with 22.17 grams of methamphetamine, and a pipe and small plastic bowl with methamphetamine residue.
Further, Neiss admitted to distributing 11.1 grams of methamphetamine to another individual in Eagle Butte on February 8, 2017, for $1,050.00.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Cheyenne River Sioux Tribe Narcotics Division, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Niess was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Criminal ContemptRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Criminal Contempt was sentenced on December 12, 2017, by U.S. District Judge Roberto A. Lange.
Demi Marie Gunville, age 25, was sentenced to 3 days in the custody of the U.S. Bureau of Prisons, 27 days of home confinement, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $10.
Ms. Gunville was indicted by a federal grand jury on May 16, 2017. She pled guilty on December 12, 2017.
On January 27, 2017, Ms. Gunville agreed to be a third-party custodian for her brother, so he could be released on bond from federal custody. At the bond hearing, Ms. Gunville testified under oath before a U.S. Magistrate Judge. After the hearing, Ms. Gunville signed the Court’s order and agreed to live with and to supervise her brother at her residence at the family’s ranch outside of Eagle Butte.
In pleading guilty, Ms. Gunville admitted that she willfully and unlawfully disobeyed the Court’s order, because neither she nor her brother lived at the ranch, and she failed to supervise him at that ordered location.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ms. Gunville was ordered to self-report to the custody of the U.S. Marshals Service on January 2, 2018.
Rapid City Man Sentenced for Attempted Enticement of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor was sentenced on June 2, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shane Davison, age 37, was sentenced to 20 years of imprisonment, followed by 15 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Davison was charged on May 24, 2016, and pleaded guilty on February 24, 2017. The conviction stems from Davison attempting to entice multiple minor females in the Phillipines to engage in criminal sexual acts using the internet, for financial payment.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Davison was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Victim TamperingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Tampering with a Victim by Threat was sentenced on December 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daelan High Wolf, age 30, was sentenced to 33 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
High Wolf was charged on April 19, 2016, and pleaded guilty on July 13, 2017. The conviction stems from High Wolf robbing and assaulting a man with a dangerous weapon in March of 2016 at Pine Ridge, and then later threatening him.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.
Mission Woman and Rapid City Man Sentenced for Drug ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman, and a Rapid City, South Dakota, man, convicted of Possession with Intent to Distribute a Controlled Substance were sentenced on December 11, 2017, and December 12, 2017, by U.S. District Judge Roberto A. Lange.
June Swalley, a/k/a June Einspahr, a/k/a June Dmytrasz, age 31, and Jeremey White Horse, age 41, were sentenced to 15 months in custody, followed by 3 years of supervised release, a fine of $1,000, forfeiture in the amount of $964, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Swalley and White Horse were indicted by a federal grand jury on February 15, 2017. They both pled guilty on October 2, 2017.
The convictions stem from two different traffic stops. On June 30, 2016, a Rosebud Sioux Tribe Law Enforcement Services Officer initiated a traffic stop of a black SUV. White Horse was driving and Swalley was a passenger. A K9 officer arrived on scene, and the K9 alerted to the presence of narcotics. During the execution of a vehicle search, 21 plastic baggies containing a white crystal substance, a digital scale, pipe, and drug paraphernalia were found in a bag in the vehicle near where Swalley was seated. United States currency in the amount of $870 was found hidden in the front console, and $94 was located in the back seat.
On July 21, 2016, a Rosebud Sioux Tribe Law Enforcement Services Officer conducted a traffic stop of White Horse’s vehicle. A K9 officer and his K9 arrived on scene, and the K9 alerted to the presence of narcotics. Upon a search of the vehicle, a black pouch was found containing several plastic baggies of a white crystal substance, a digital scale, drug paraphernalia, and a brick of green leafy substance. The items field-tested positive for methamphetamine and marijuana.
White Horse admitted that the drugs in the vehicle were his and that he had purchased them from Rapid City.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Swalley and White Horse were immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 12, 2017, by U.S. District Judge Roberto A. Lange.
Adrian William Fast Dog, age 37, was sentenced to 18 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fast Dog was indicted by a federal grand jury on August 16, 2017. He pled guilty on October 30, 2017.
The conviction stems from Fast Dog failing to register as a sex offender as required by federal law between July 7, 2017, and August 4, 2017. Fast Dog had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Fast Dog was immediately turned over to the custody of the U.S. Marshals Service.
Wanblee Man Sentenced to 174 Months in CustodyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man convicted of three counts of Abusive Sexual Contact was sentenced on December 4, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jason Poor Bear, age 42, was sentenced on three counts of Abusive Sexual Contact to a total of 174 months in custody, followed by 5 years of supervised release, and ordered to pay $300 in special assessments to the Federal Crime Victims Fund. Poor Bear received 120 months’ custody on Count I, 30 months on Count II, and 24 months on Count III, to be served consecutively. The five-year supervised release terms for each count were ordered to be served concurrently.
Poor Bear was indicted by a federal grand jury on December 17, 2013. He pleaded guilty to the charges on June 23, 2017.
The conviction stems from Poor Bear using force to engage in sexual activity on May 29, 2013, at Wanblee, with the victim while she was incapable of declining participation.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Poor Bear was immediately turned over to the custody of the U.S. Marshals Service.
Summit Man Charged with Aggravated Sexual Abuse of a Child Appears in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced that a Summit, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Desi Duncan Campbell, age 38, was indicted on October 11, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on December 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, between 2004 and 2008, Campbell engaged in sexual acts with a juvenile female. At the times of Campbell’s conduct, the victim was under the age of twelve.
The charges are merely accusations and Campbell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Campbell was ordered detained pending trial. A trial date has not been set.
St. Francis Man Sentenced for Assault with a Dangerous Weapon and Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon and Failure to Register as a Sex Offender was sentenced on December 11, 2017, by U.S. District Judge Roberto A. Lange.
George Scott, age 32, was sentenced to 54 months in prison, followed by 3 years of supervised release, for Assault with a Dangerous Weapon. He was sentenced to 15 months in prison, followed by 5 years of supervised release, for Failure to Register as a Sex Offender. The sentences will be served concurrently. Scott was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Scott was indicted by a federal grand jury for Assault With a Dangerous Weapon on July 11, 2017. He was indicted for Failure to Register as a Sex Offender on August 15, 2017. He pled guilty to both offenses on September 26, 2017.
The conviction for Assault With a Dangerous Weapon stemmed from an incident that occurred in St. Francis in the early morning hours of June 12, 2017. Scott and another man, Kyle Swift Hawk, got into an altercation with the victim. While Swift Hawk and the victim scuffled, Scott pulled out a pocket knife and stabbed the victim multiple times. The victim suffered significant blood loss and internal injuries, and was subsequently hospitalized.
Scott was convicted of Abusive Sexual Contact in federal court in November 2012. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In March 2017, Scott registered with an address in Rapid City, South Dakota. Scott subsequently moved from his registered address and did not update his registration until June 2017, when he registered with an address in St. Francis. Scott was arrested following the assault on June 12, 2017. Scott did not update his sex offender registration between March 30, 2017, and June 8, 2017, as required by law.
Kyle Swift Hawk, age 25, was also indicted based on his involvement in the June 12, 2017, assault. On October 30, 2017, he pled guilty to Misprision of a Felony, which carries a maximum penalty of three years in prison and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Swift Hawk is in the custody of the U.S. Marshals Service pending sentencing, which is scheduled for January 22, 2018.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the cases.
Scott was immediately turned over to the custody of the U.S. Marshals Service
South African Man Found Guilty of Attempting to Entice a Minor Using the InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that Andries Snyman, 43, who is from South Africa and working in Isabel, South Dakota, was convicted of Attempted Enticement of a Minor Using the Internet following a three-day federal jury trial held in U.S. District Court in Rapid City. The guilty verdict was returned on December 8, 2017.
Snyman was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting internet predators. Following several chats and texts with a person Snyman believed to be a 14 year-old boy, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet to have sex. When Snyman went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case. Sentencing has been set for April 19, 2018.
Sioux Falls Woman Sentenced to 180 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on December 11, 2017, by U.S. District Judge Karen E. Schreier.
Jessica Anne Trevino, age 37, was sentenced to 180 months in custody, and a $100 special assessment to the Federal Crime Victims Fund.
An Indictment was issued against Trevino for Conspiracy to Distribute Methamphetamine by a federal grand jury on May 10, 2016. She pled guilty to the Indictment on August 28, 2017.
Starting in 2014, Trevino was involved in a conspiracy to distribute methamphetamine in Sioux Falls. During her involvement, Trevino trafficked over seven and a half pounds of methamphetamine from California to Sioux Falls utilizing rental vehicles. Her co-conspirator, Noe Trevino, was also indicted for his conduct in the same conspiracy. He also pled guilty and was sentenced to 120 months in prison on August 28, 2017.
This case was investigated by the Drug Enforcement Administration, the South Dakota Highway Patrol, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case
McLaughlin Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Sexual Abuse of a Minor and Abusive Sexual Contact of a Person Incapable of Consent was sentenced on December 4, 2017, by U.S. District Judge Charles B. Kornmann.
Brian Thunder Shield, age 20, was sentenced to 120 months in custody on the Sexual Abuse of a Minor charge, and 36 months in custody on the Abusive Sexual Contact of a Person Incapable of Consent, to be served concurrently. He was also sentenced to 10 years of supervised release on each count to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Thunder Shield was indicted by a federal grand jury on July 19, 2016. He pled guilty on July 20, 2017.
The convictions stem from incidents between January 1, 2016, and March 15, 2016, when Thunder Shield sexually abused two juvenile females.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Thunder Shield was immediately turned over to the custody of the U.S. Marshals Service.
Ellsworth Man Sentenced on Child Pornography ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Ellsworth AFB, South Dakota, man convicted of Receipt of Child Pornography and Possession of Child Pornography was sentenced on December 8, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Colby Haggerty, age 26, was sentenced to 10 years of imprisonment, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Haggerty was charged on May 20, 2014, and was found guilty of both offenses after a four-day federal jury trial in July 2017. The conviction stems from Haggerty downloading at least 1,000 pornographic images of children, including infants, between 2009 and 2015, while living on Ellsworth Air Force Base and in Rapid City.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Haggerty was immediately turned over to the custody of the U.S. Marshals Service.
Wounded Knee Man Indicted for Assault with a Golf ClubRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Virgil Left Hand, Sr., age 50, was indicted on October 24, 2017. Left Hand appeared before U.S. Magistrate Judge Daneta Wollmann on December 1, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment, unless the sentencing court finds the defendant to be indigent. Restitution may also be ordered.
The charges relate to Left Hand using a golf club to assault the male victim at Wounded Knee on September 23, 2017.
The charges are merely accusations and Left Hand is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Left Hand was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 6, 2018.
Wisconsin Man Found Guilty of Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that DaShown Keys, age 25, of Milwaukee, Wisconsin was found guilty of six counts of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child as a result of a federal jury trial in Aberdeen, South Dakota. The verdict was returned on December 7, 2017.
The charges carry a mandatory minimum sentence of 30 years, up to a maximum of life in custody and/or a $1,500,000 fine, up to life of supervised release, and a $600 special assessment to the Federal Crime Victims Fund.
Keys was indicted by a federal grand jury on June 14, 2016.
The conviction stems from incidents between November 1, 2013, and January 1, 2016, when Keys repeatedly sexually abused two minor victims, while Keys was staying at the home of one of the victims.
This case was investigated by the Federal Bureau of Investigation and the Sisseton-Wahpeton Tribal Police Department. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Mission Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner and Child Abuse.
Tristan Lee Kills The Enemy, age 21, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 28, 2016, Kills The Enemy assaulted an intimate partner by strangulation. The Indictment further alleges that Kills The Enemy abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of 18, on that date.
The charges are merely an accusation and Kills The Enemy 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 Daniel C. Nelson is prosecuting the case.
Kills The Enemy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assault and Brandishing a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation, Assault with a Dangerous Weapon, and Brandishing a Firearm During and in Relation to a Crime of Violence.
Jared Bourland, age 36, was indicted on November 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 28, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years of supervised release, and $100.00 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 28, 2016, in Dewey County, South Dakota, Bourland did unlawfully assault his spouse by strangulation and suffocation. The Indictment further alleges that on December 29, 2016, Bourland assaulted his spouse with a dangerous weapon with the intent to do bodily harm and knowingly carried a long gun during and in relation to a crime of violence.
The charge is merely an accusation and Bourland 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.
Bourland was released to reside in Rapid City, South Dakota. A trial date has not been set.
Eagle Butte Female Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, female convicted of Assault Resulting in Serious Bodily Injury was sentenced on November 27, 2017, by U.S. District Judge Roberto A. Lange.
Brianna High Elk, age 24, was sentenced to 24 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.00.
High Elk was indicted by a federal grand jury on June14, 2017. She pled guilty on September 11, 2017.
The conviction stemmed from an incident on April 16, 2017, when High Elk assaulted another female. The victim suffered a fracture through the left lamina papyracea (part of the eye socket), a fractured nasal bone, and a small minimally displaced fracture through the left inferior orbital rim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Jay Miller prosecuted the case.
High Elk was immediately turned over to the custody of the U.S. Marshals Service.
Athol, South Dakota Man Pays $180,000 After Defrauding the GovernmentRead the Press Release
Jason Sparling submitted an application for a drought disaster payment to the United States Department of Agriculture (USDA), Livestock Forage Disaster Program (LFDP), for a loss of grazing during the summer of 2014. Based on Sparling’s statements, he received an LFDP payment of $94,696. The USDA later determined that none of Sparling’s cattle were on the drought stricken pasture during the qualifying period and Starling was not entitled to the disaster payment.
Sparling subsequently entered into a settlement agreement and paid the government $180,000, to settle the civil debt resulting from his false statements made to the USDA, pursuant to the False Claims Act (31 U.S.C. § 3729). The False Claims Act imposes liability on persons and companies who knowingly submit false claims to the government to get a benefit paid by the government. Persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.
The United States Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. The investigation, in this case was conducted by USDA, Office of Inspector General.
Assistant U.S. Attorney Cheryl Schrempp DuPris handled the civil case.
Mission Woman Found Not Guilty of Bank Fraud and ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman was acquitted of Bank Fraud and Forgery as a result of a federal jury trial in Pierre, South Dakota, on November 30, 2017.
Kaitlyn Erickson, age 21, was indicted by a federal grand jury on March 15, 2017.
The charge stemmed from an alleged incident that occurred in January 2017, in Mission.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.
Kyle Man Indicted for Aggravated Sexual Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact.
Frankie Standing Bear, age 31, was indicted on November 22, 2017. Standing Bear appeared before U.S. Magistrate Judge Daneta Wollmann on November 29, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Standing Bear engaging in a sexual act with a child who had not attained the age of 12 between March 1, 2016, and September 15, 2017, at Kyle.
The charges are merely accusations and Standing Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Standing Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 6, 2018.
Eagle Butte Woman Sentenced for Possession of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman charged with Possession of a Controlled Substance pled guilty and was sentenced on November 27, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Shawnda Cyrene Dupris, age 31, was sentenced to 18 months of probation, a fine of $1,000 and a special assessment to the Federal Crime Victims fund in the amount of $25.
On September 16, 2016, law enforcement executed a search warrant on the Eagle Butte apartment leased by Shawnda Dupris, and in which Dupris and Wacey James Long resided. During the execution of the search warrant, law enforcement found and seized a Savage Arms, Springfield model 67H, 12 gauge shotgun, bearing no serial number, and drug paraphernalia testing positive for methamphetamine. Dupris admitted to possessing methamphetamine on that date, but denied owning the firearm or knowing it was in her apartment.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case
Dupris was released on conditions following sentencing. Wacey James Long was convicted and sentenced on August 21, 2017, to 25 months in custody for the firearms violation.
Clearfield Man Sentenced for Possession of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Clearfield, South Dakota, man charged with Possession of a Controlled Substance pled guilty and was sentenced on November 27, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Cory Scott Fischer, age 45, was sentenced to 10 months in custody, followed by 1 year of supervised release, a fine of $1,000 and a special assessment to the Federal Crime Victims fund in the amount of $25.
During the late night hours of November 10, 2016, and into the early morning hours of November 11, 2016, Rosebud Sioux Tribe Law Enforcement Officers responded to a call involving the defendant at the Rosebud Casino. Inside Fischer’s vehicle, officers found a baggie containing methamphetamine belonging to Fischer that weighed 18.92 grams. Fischer admitted that the methamphetamine, a Schedule II controlled substance, was his.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Fischer was ordered to self-surrender to the custody of the U.S. Marshal’s Service or the U.S. Bureau of Prisons on January 2, 2018, to serve his sentence.
Jury Finds Mission Man Guilty of Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that Roger Watts, age 34, of Mission, South Dakota, was found guilty of Assaulting, Resisting, and Impeding a Federal Officer following a two-day jury trial in Pierre, South Dakota. The verdict was returned on November 29, 2017.
The charge carries a maximum sentence of up to 20 years in 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.
Watts was indicted by a federal grand jury on February 15, 2017. The conviction stems from an incident that occurred on January 20, 2017, in the North Antelope Community near Mission. On that date, Rosebud Sioux Tribe Law Enforcement Services Officers were investigating an allegation that Watts had stolen property and questioned him at a home in North Antelope. After being questioned, Watts was informed he was being arrested. Watts became combative and charged at one of the officers, physically engaging him. A struggle ensued and the officer sustained a knee injury during the struggle.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for February 20, 2018.
Watts was remanded to the custody of the U.S. Marshals Service pending sentencing.
Two Eagle Butte Individuals Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for conspiracy to distribute a controlled substance and distribution of a controlled substance (methamphetamine).
Nolan Clown, age 32, and Misti Traversie, age 36, were indicted on November 14, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017 and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 24, 2016, and November 14, 2017, Clown and Traversie knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine. The Indictment further alleges that Clown and Traversie actually distributed methamphetamine to another individual on August 24 and September 8, 2016.
The charges are merely accusations and Clown and Traversie are presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Clown and Traversie were both released on conditions pending trial. A trial date has not been set.
Eagle Butte Man Indicted on Methamphetamine Charges and Distribution of a Controlled Substance Where Children are PresentRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for conspiracy to distribute a controlled substance, distribution of a controlled substance, and distribution of a controlled substance where children are present.
Rafael Lombarana Davila, age 32, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 22, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction are up to 40 years in custody and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between April 1, 2014, and July 11, 2017, Davila knowingly and intentionally combined, conspired, confederated and agreed with others to intentionally distribute and to possess with the intent to distribute 50 grams or more of methamphetamine. The Indictment further alleges that on or about December 22, 23, and 27, 2016, Davila actually distributed methamphetamine to another individual, and distributed methamphetamine where children resided and were present.
The charges are merely accusations and Davila is presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Davila was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.