District of South Dakota

United States Attorney Randolph J. Seiler announced that two Mission, South Dakota, women charged with child abuse have been sentenced by U.S. District Judge Roberto A. Lange.

On August 16, 2016, Verna Blue Thunder, age 42, and Lorraina Stead, age 26, were indicted for two counts of Child Abuse.  Verna Blue Thunder was further charged with one count of Assault Resulting in Serious Bodily Injury to a Child.

Blue Thunder pled guilty in August 2017 to two counts of Child Abuse.  She was sentenced on November 27, 2017, to 90 months in prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Stead pled guilty in July 2017 to a Superseding Information charging Simple Assault of a Child and Aiding and Abetting.  She was sentenced on September 27, 2017, to time served equal to one year in custody, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Restitution may also be ordered for both defendants.

The convictions stem from conduct that occurred between October 2014 and June 2016.  In October of 2014, two small children were placed in the defendants’ home in Mission.  Over the course of the next approximately 21 months, the children were subject to physical abuse, emotional abuse, and starvation at the hands of the defendants.  The defendants repeatedly avoided attempts by the South Dakota Department of Social Services to assess the children.  In June of 2016, a relative from Spokane, Washington, took physical custody of the children and promptly sought medical attention for them.  Both children were severely malnourished, and the younger child had healing fractures to both arms and two ribs.

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

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 November 27, 2017, by U.S. District Judge Roberto A. Lange.

Edward Zane Roubideaux, Jr., age 27, was sentenced to 21 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Roubideaux was indicted by a federal grand jury on July 19, 2017.  He pled guilty on October 2, 2017.

Roubideaux was convicted in U.S. District Court of Sexual Abuse of a Minor, in May 2008.  As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment.  On June 5, 2017, Roubideaux moved from Sioux Falls to Rosebud, but did not update his registration.  On June 23, 2017, he was arrested by the U.S. Marshals Service in Rosebud.  Between June 5, 2017, and June 23, 2017, Roubideaux failed to register and update his registration.

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

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

United States Attorney Randolph J. Seiler announced that a Marshall, Minnesota, woman was sentenced to 35 months of imprisonment following her convictions for Conspiracy to Commit Bank Fraud and Aggravated Identity Theft.

Angelica Marie Hatch-Pequin, age 27, was indicted on March 7, 2017, and she pleaded guilty on August 28, 2017.  In addition to her prison term, Hatch-Pequin was also ordered to serve three years of supervised release following release from custody, and to pay restitution to a victim and a special assessment.

According to court documents, between September 2016 and November 16, 2016, Hatch-Pequin engaged in a scheme to defraud financial institutions, while using the personal identifying information of other individuals.  Hatch-Pequin would use the proceeds of the fraud scheme to purchase methamphetamine for her use and to distribute to others for money.

More specifically, on November 16, 2016, defendants Angelica Marie Hatch-Pequin (“Hatch”) and Jason Maurice Fagin were arrested at the Royal River Casino in Flandreau, South Dakota, for attempting to negotiate counterfeit checks.  While trying to negotiate the check, Hatch presented a driver’s license belonging to another individual.  Hatch, aided and abetted by Fagin, used the identification of that individual without lawful authority.

Hatch and Fagin would steal mail from mailboxes located in affluent neighbors of Minneapolis, Minnesota.  Hatch and Fagin would target mail that appeared to contain bills and checks.  Fagin would then use the personal, business, and banking information contained in those mail matters to create fraudulent checks.  After Fagin created the fraudulent checks, Hatch would usually cash the counterfeit checks at convenience stores and casinos located throughout the Minnesota, Iowa, and South Dakota region.  Hatch and Fagin created and passed fraudulent checks for approximately two months leading up to their arrests in November.

Two types of checks were created: payroll and personal checks.  Payroll checks would be drafted in amounts ranging from $450 to $2,000; the check presented to the Royal River Casino was for $1,500.  Personal checks were made in amounts from $100 to $800.  The effected banks were insured by the FDIC at the time of the offenses.

The investigation is being conducted by the Federal Bureau of Investigation, the Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.   

Hatch-Pequin was remanded to custody to continue serving her prison sentence. Fagin’s sentencing is pending.

United States Attorney Randolph J. Seiler announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Christopher Arpan, age 51, was indicted on November 14, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017, 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, 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 24, 2017, Arpan unlawfully assaulted an adult male victim with a wooden cane, causing the victim serious bodily injury.

The charges are merely accusations and Arpan 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 Meghan N. Dilges is prosecuting the case.   

Arpan was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 23, 2018.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Michael Heideman, age 43, and Sierra Bridwell, a/k/a Sierra Red Water, a/k/a Sierra High Elk, age 21, were indicted on November 14, 2017.  Heideman appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2017.  Bridwell appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017.  They both pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in custody and/or a $250,000 fine, at least 4 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March 1, 2017, and November 14, 2017, Heideman and Bridwell knowingly and intentionally combined, conspired, confederated, and agreed to distribute and possess with intent to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance.

The Indictment also alleges that on September 23, 2017, Heideman and Bridwell knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine.

The charges are merely accusations and Heideman and Bridwell are presumed innocent until and unless proven guilty. 

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

Heideman was remanded to the custody of the U.S. Marshals Service.  Bridwell was released on bond.  A trial date has been set for January 23, 2018.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Arson.

Stuart Turning Heart, age 44, was indicted on November 14, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 22, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in custody 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 14, 2017, Turning Heart willfully and maliciously set fire and burned a building and structure in Eagle Butte.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Turning Heart was released on bond pending trial, which has been set for January 23, 2018.

United States Attorney Randolph J. Seiler announced that a Standing Rock, South Dakota, woman convicted of Second Degree Murder was sentenced on November 20, 2017, by U.S. District Judge Charles B. Kornmann.

Desarae Makes Him First, age 26, was sentenced to 365 months of custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Makes Him First was indicted by a federal grand jury on October 18, 2016.  She pled guilty on July 20, 2017.

The conviction stems from a series of events that occurred between October 11 and October 12, 2016, when Makes Him First participated in, and failed to protect her five-year-old daughter from, severe repeated physical abuse.  Though slight bruising was initially detected by staff at the Wakpala, South Dakota, school and South Dakota Department of Social Services, the majority of the injuries were caused over an extended weekend.

Over the next several days, the young child was hit about the head, neck, chest, abdomen, legs, and arms.  As a result of the beatings, the young child suffered severe abdominal injuries, which led to internal bleeding and ultimately death.  Makes Him First brought her child to the Mobridge Hospital where staff noticed she was not breathing and “cool” to the touch.  Resuscitative efforts were not successful.  Makes Him First ultimately confessed to authorities that she and her live-in boyfriend were responsible for the injuries that led to the death of her child.

This case was investigated by the Federal Bureau of Investigation, and the Bureau of Indian Affairs - Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Makes Him First was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder and Conspiracy to Commit Assault was sentenced on November 22, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Calmer Cottier, age 26, was sentenced to 210 months in custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the Second Degree Murder charge.  He was sentenced to 120 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the Conspiracy to Commit Assault charge.  The times of custody and supervised release are to run concurrently to each other.

Cottier was indicted by a federal grand jury on December 15, 2015.  He was subsequently found guilty following a trial in Federal District Court in Rapid City on June 9, 2017.

The conviction stems from Cottier and others striking the victim with a cinder block, kicking the victim in the head and face, beating the victim with a stick, and striking the victim in the back of his head with a machete on July 12, 2015.  The cause of death was multiple blunt trauma to the head, including a skull fracture and hemorrhaging.

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. Attorneys Megan Poppen and Kathryn N. Rich prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Second Degree Murder was sentenced on November 20, 2017, by  U.S. District Judge Charles B. Kornmann.

Matthew St. Pierre, age 32, was sentenced to 40 years in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

St. Pierre was indicted by a federal grand jury on October 18, 2016.  He pled guilty on August 4, 2017.

The conviction stems from a series of events that occurred between October 11 and October 12, 2016, when St. Pierre participated in severe beatings to his girlfriend’s five-year-old daughter.  Though slight bruising was initially detected by staff at the Wakpala, South Dakota, school and South Dakota Department of Social Services, the majority of the injuries were caused over an extended weekend.

Over the next several days, the young child was hit about the head, neck, chest, abdomen, legs, and arms.  As a result of the beatings, the young child suffered severe abdominal injuries, which led to internal bleeding and ultimately death.  The young child was brought to the Mobridge Hospital, where staff noticed she was not breathing and “cool” to the touch.  Resuscitative efforts were not successful.  St. Pierre’s girlfriend, Desarae Makes Him First, ultimately confessed to authorities that she and St. Pierre were responsible for the injuries that led to the death of her child.

This case was investigated by the Federal Bureau of Investigation, and the Bureau of Indian Affairs - Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that three individuals have been sentenced in federal court for their roles in a Conspiracy Involving Theft by Employees of a Gaming Establishment on Indian Land.

Lito Banbilla Bolocon, age 44, from Sisseton, South Dakota, and Jordon Anthony Rondell, age 29, from Lennox, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on November 20, 2017, and each received a sentence of six months in custody and were ordered to pay $8,700 in restitution to the gaming establishment.  Jeremy Kris Brown, age 43, from Sisseton, was sentenced to two years of probation and ordered to pay $2,000 in restitution for his role in the conspiracy.

The Dakota Sioux Casino (“DSC”) is a gaming establishment located approximately five miles north of Watertown, in Codington County, South Dakota.  The DSC is also located on the Lake Traverse Indian Reservation and is operated by the Sisseton Wahpeton Oyate Sioux Tribe.

According to the defendants’ plea agreements, Bolocon worked at the DSC as a pit boss, and Brown worked as a blackjack dealer.  Rondell was a customer of the DSC whom frequently played blackjack.  In December 2015 and through January 1, 2016, Bolocon, Brown, Rondell, and others conspired to enrich themselves by unlawfully obtaining gaming chips and money from the DSC.  Specifically, in December 2015, the defendants devised a plan to cheat the DSC of monies derived during the gambling operations taking place on New Year’s Eve 2015, and into January 1, 2016.  The agreement was for Rondell to unlawfully make a large sum of money from illegitimate winnings paid by Brown, and Rondell would then pay-off the others for their participation.  Rondell cashed-out approximately $10,000 from the DSC after playing at Brown’s blackjack tables, which were supervised by Bolocon. 

Bolocon, as pit boss during that night and early morning, would oversee Brown’s dealing to Rondell.  Bolocon knew about and allowed the cheat to proceed throughout the night of December 31, 2015, and early morning of January 1, 2016.

The investigation is being conducted by the Federal Bureau of Investigation, the United States Attorney’s Office, and the Sisseton-Wahpeton Oyate Sioux Tribe’s Gaming Commission.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

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

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

After 22 years with the United States Attorney’s Office, Randolph J. Seiler has announced his retirement. Seiler will bid farewell on December 31, 2017.

Randy Seiler was nominated in 2015 by President Barack Obama as the 41st United States Attorney for the District of South Dakota.  He was sworn in on October 8, 2015, by U.S. District Judge Roberto Lange at a ceremony at the U.S. Courthouse in Pierre, South Dakota.

Prior to his appointment, he served as both Acting and Interim U.S. Attorney, and also as the First Assistant United States Attorney and the Tribal Liaison for the District of South Dakota.  As First Assistant, Seiler was responsible for the day-to-day management and operation of the U.S. Attorney's Office.  He also supervised the U.S. Attorney’s branch office in Pierre, where he was directly involved in prosecutorial matters and decisions.  As Tribal Liaison, he consulted and coordinated with tribal justice officials and leaders, tribal communities, and victim advocates in an effort to address any issues in the prosecution of major crimes in Indian country in South Dakota. 

Seiler has had a distinguished career as an Assistant U.S. Attorney.  He spent 14 years prosecuting violent crime offenses.  In 2001, he received the Department of Justice Attorney General’s Award for Fraud Prevention.  In 2009, he became the first recipient of the Department of Justice Director’s Award for Superior Performance in Indian Country.  In 2008, Seiler also served as Council to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C.  He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of violent crime in Indian country.

Some highlights of Seiler’s tenure as U.S. Attorney include:

• The number of cases filed and defendants charged has risen significantly over the past three years, with approximately 200 more in both categories since 2014.
• Established a dedicated Civil Rights Section within the office, spearheaded by a Civil Assistant U.S. Attorney.  In addition to enforcing federal civil rights statutes, the Civil Rights Section strives to educate community members about their rights under federal law by engaging in outreach programs throughout the state. 
• Instrumental in the inception of the Guardians Project Task Force, which is designed to enhance federal law enforcement effort to expose fraud and public corruption in Indian country, by uniting the expertise and resources of the participating thirteen federal investigative agencies.
• Made drug prosecutions one of the office’s top priorities by committing the U.S. Attorney’s Office to work with and coordinate drug task forces across South Dakota, including the newly created Northeastern South Dakota Drug Team. The District of South Dakota is now among the top ten federal judicial districts for drug prosecutions, based on population. This is a marked change from ten years ago, when South Dakota was not in the top ranks.
• Revised the management structure of the SD U.S. Attorney’s Office to include more women and minorities, and has hired minorities as Assistant U.S. Attorneys and Special Assistant U.S. Attorneys, providing a more diversified approach to the offices’ priorities and focus.
• Created "Walk-In Wednesday", wherein a representative of the U.S. Attorney’s office is on-site at Pine Ridge each Wednesday. Seiler implemented this initiative to allow citizens to more easily communicate with the office concerning crime on the reservation, inquire about existing cases, or to obtain any information which might be sought by the citizenry.
• Extended outreach in Indian country by holding community listening sessions, meeting with Tribal Councils, appointing Tribal Prosecutors as Special Assistant U.S. Attorneys, and implementing a “First Friday” call with Tribal Chairmen.
• Initiated regular community based outreach meetings in Sioux Falls and Rapid City discussing such topics as civil rights, officer involved shootings, frauds and scams, immigration, and hate crimes.
• Started a reentry program in the U.S. Attorney’s Office to address the high rates of recidivism.

Seiler grew up in Herreid, South Dakota, served his country in the U.S. Air Force, which included a year-long tour in Vietnam, and graduated with honors from the University of South Dakota School of Law.  He and his wife, Wanda, live in Fort Pierre, and have four grown children and two grandchildren.

Following his resignation as U.S. Attorney, Seiler plans to practice law in Fort Pierre, and pursue other opportunities. 

United States Attorney Randolph J. Seiler announced that a Spearfish, South Dakota, woman convicted of Second Degree Murder was sentenced on November 17, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Lori Ann Wisecarver, age 44, was sentenced to 40 years of imprisonment, 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.

Wiscarver was charged on September 15, 2015, and pleaded guilty on February 3, 2017. The conviction stems from Wisecarver’s prolonged and extreme physical abuse of a young boy from October 2014 to February 2015 at Pine Ridge.  The abuse ultimately caused the death of the child.

This case was investigated by the Federal Bureau of Investigation, 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.

United States Attorney Randolph J. Seiler announced that a McLaughlin, 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 Aberdeen, South Dakota, beginning on November 13, 2017, and concluding on November 14, 2017.

Richard Todd Steele, age 37, was indicted by a federal grand jury on June 14, 2017.

The charge stemmed from an alleged incident that occurred in April 2017, in McLaughlin.

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.  The U.S. Attorney’s Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of kidnapping was sentenced on November 14, 2017, by U.S. District Judge Karen E. Schreier.

Jon Henri Bryant, Sr., age 61, was sentenced to 30 years in custody, followed by five years of supervised release.  He was also ordered to pay $1,000 in restitution to the victim, and $100 to the Federal Crime Victims Fund.

According to the court documents and evidence presented to the Court over a two-day sentencing hearing, on October 25, 2016, Sioux Falls Police Officers were dispatched to check on a report of a male and female fighting, which derived from a mobile phone call.  During the call, dispatch overheard a male and female arguing in the background.  The phone owner, the victim in this case, resided in a residence near the area at which the call was made, where Bryant hid in the victim’s garage to confront her upon her return to the residence.  During the initial confrontation, Bryant punched the victim in the face and forced the victim into the trunk of her vehicle. 

Based on the victim’s statements made during the call and while inside the trunk, dispatch was able to provide officers with Bryant’s identification, a vehicle description, matching the make, model, color, and license plate number registered to the victim.  The victim also reported to 911 that Bryant was going to kill her.  Subsequently, the car stopped and Bryant took away the victim’s phone.  Approximately eight minutes into the victim’s call and into the process of pinging the victim’s mobile phone, the phone was powered down.

During the commission of the offenses, Bryant traveled into Minnesota and later re-entered South Dakota, parking the victim’s car at a rural residence located in Garretson, South Dakota.  At this point, Bryant removed the victim from the trunk and placed her in the passenger seat, where Bryant then strangled the victim to unconsciousness. 

Meanwhile, responding law enforcement officers arrived near the residence and noticed the victim’s vehicle parked near a building on an abandoned farmstead.  A perimeter was established and officers began to deploy towards the victim’s vehicle.  After setting up the perimeter, Bryant noticed the approaching officers, and engaged them in a pursuit on the farmstead.  Officers gave several commands, but Bryant continued driving erratically into adjoining fields.  In the midst of the chase, the vehicle came to a stop where Bryant was actively assaulting the victim.  The chase again continued until law enforcement personnel were able to stop the vehicle.  At the scene where the vehicle finally stopped, officers found a roll of duct tape and a roll of electrical tape that Bryant retrieved from his car during the onset of the kidnapping.  During the sentencing hearing, the Court found that Bryant’s kidnapping would also be deemed as an attempted murder.

The investigation was conducted by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Department, the Federal Bureau of Investigation, and the U.S. Marshal’s Service.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Bryant, who was in custody during the pendency of the court proceedings, was immediately returned to the custody of the U.S. Marshal’s Service. 

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 13, 2017, by U.S. District Judge Roberto A. Lange.

Anthony Edward Farmer, age 33, 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.

Farmer was indicted by a federal grand jury on July 11, 2017.  He pled guilty on September 18, 2017.

The conviction stems from Farmer failing to register as a sex offender as required by federal law between May 22, 2017, and June 16, 2017.  Farmer 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 Kirk Albertson prosecuted the case. Farmer was immediately turned over to the custody of the U.S. Marshals Service.  

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Simple Assault was sentenced on November 13, 2017, by U.S. District Judge Roberto A. Lange.

Carlin Jimi Jewett, Jr., a/k/a Jimmy Jewett, Jr., age 37, was sentenced to 6 months in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $10. Restitution is being left open for 30 days.

Jewett was indicted by a federal grand jury on May 16, 2017.  He was found guilty on October 12, 2017, after a 2-day trial.

The conviction stems from an incident on March 31, 2017, when the defendant held a pocket knife, with the blade exposed, to the neck of a juvenile female at her home in Timber Lake.

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

Longtime federal prosecutor, Ted L. McBride, was awarded the Lifetime Achievement Award by the South Dakota State’s Attorneys Association, at an event in Sioux Falls on Wednesday evening, November 8, 2017.  Presenting the award to McBride was former colleague, and current Pennington County State’s Attorney, Mark Vargo.  This is only the second Lifetime Achievement Award ever bestowed by the association.

McBride, an Assistant U.S. Attorney for the District of South Dakota, has also announced his retirement as of November 11, 2017, following a storied career in federal service that spanned almost 28 years.  McBride’s tenure with the U.S. Attorney’s office included two stints as Interim U.S. Attorney, as well as First Assistant U.S. Attorney.  In 1998, he was honored with the Director’s Award for Superior Performance from the Executive Office for U.S. Attorneys.

“Ted McBride is the epitome of a tried-and-true federal prosecutor.  His courtroom presence was unequaled and his prosecutorial skills were envied by many,” said U.S. Attorney Randolph J. Seiler.  “Ted has run the gamut on the cases he masterfully handled, from homicides, sexual assaults, and burglaries, to corruption, fraud, and drug cases.  It has been my honor and privilege to work alongside Ted for the better of two decades.  He cared and he fought, and he made a difference in the lives of many.  There will never be another Ted McBride.”

“This award is a recognition of a career marked by zealous advocacy on behalf of victims and the community at large.  It is the unique role of the U.S. Attorney’s Office in South Dakota that the prosecutors in that office, unlike most federal prosecutors, are active with the same kinds of violent crimes that we deal with in state court,” said Vargo.  “And we recognize in him a kindred spirit, one who stands at the top of our profession.  There are generations of both federal and state prosecutors who Ted helped recruit, train, and lead.  As he leaves the USAO, we wanted to make public our appreciation for all that he has done.”

The South Dakota State’s Attorneys’ Association has, since 2002, given out several different awards, including Prosecutor of the Year, the Distinguished Service Award and a Lifetime Achievement Award.

The presentation took place during the Law Enforcement Appreciation and Children's Charity Dinner. 

 

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for bank robbery.

Cody Maynard, age 27, was indicted on August 16, 2017.  He appeared before Veronica L. Duffy on November 8, 2017, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that Maynard entered the Voyage Federal Credit Union in Sioux Falls, South Dakota, on April 27, 2017, and demanded money from the teller.

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

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

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 6, 2017, by U.S. District Judge Roberto A. Lange.

Conroy Chasing In Timber, age 35, was sentenced to time served in custody until December 1, 2017 (approximately 9 months), 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Chasing In Timber was indicted by a federal grand jury on February 15, 2017.  He pled guilty on August 15, 2017.

The conviction stemmed from an incident that occurred on December 24, 2016.  On that date, Chasing In Timber was arrested for disorderly conduct and transported to the Rosebud Adult Correctional Facility near Rosebud.  As he was completing the booking process, Chasing Timber struck a corrections officer in the face with a closed fist.

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

Chasing In Timber was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 6, 2017, by U.S. District Judge Roberto A. Lange.

Marcos Lorenzo Bear Shield, age 22, was sentenced to 33 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bear Shield was indicted by a federal grand jury on December 14, 2016.  He pled guilty on August 10, 2017.

The conviction stemmed from an incident that occurred on August 3, 2015, wherein Bear Shield sexually assaulted a 15-year-old girl at a house in North Antelope, South Dakota.  Bear Shield had been drinking with the girl that evening and she was intoxicated at the time of the sexual assault.

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

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

United States Attorney Randolph J. Seiler announced that Chavez Spotted Horse, age 40, of Little Eagle, South Dakota, was found guilty of Receipt of Images Depicting the Sexual Exploitation of Minors and Possession of Child Pornography as a result of a federal jury trial in Aberdeen, South Dakota. 

The charges carry a maximum penalty of 30 years in custody and/or a $500,000 fine, life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.  

Spotted Horse was indicted by a federal grand jury on March 15, 2017. 

The convictions stem from the execution of a search warrant on November 3, 2015, at the home of the defendant in Little Eagle. Seized during this search were multiple computers, hard drives, and other electronic devices.  Analysis discovered images of child pornography on three separate hard drives, located within two computers.  Also discovered were tools and programs designed to erase the images and hide the IP address of the defendant as he viewed images of child pornography.    

This case was investigated by the Federal Bureau of Investigation, 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.

A presentence investigation was ordered and a sentencing date was set for January 4, 2018. Spotted Horse was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 6, 2017, by U.S. District Judge Roberto A. Lange.

Braxtyn Melecca Jo Garreau, age 22, was sentenced to 57 months in custody, followed by 3 years of supervised release, a fine of $500, forfeiture of $206, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Garreau was indicted by a federal grand jury on April 12, 2017.  She pled guilty on August 15, 2017.

Between January, 2014, and April 12, 2017, Garreau knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.

Garreau received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Garreau with the methamphetamine knew that she intended to engage in further distribution.  Garreau admitted that it was reasonably foreseeable to her that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.

In addition to conspiring with others to distribute methamphetamine, Garreau was arrested on February 23, 2017, with 7.8 grams of methamphetamine, drug paraphernalia, and $206 in U.S. currency in her possession, which she admitted was proceeds from the sale of methamphetamine. That money was seized by law enforcement and forfeited.

This case was 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 prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Harm was sentenced on November 6, 2017, by U.S. District Judge Roberto A. Lange.

Kevin Yellow Earring, age 27, was sentenced to two terms of 60 months in prison, to be served concurrently, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Yellow Earring was indicted by a federal grand jury on April 12, 2017.  He pled guilty on August 15, 2017.

The conviction stems from two separate incidents that occurred in 2017.  On January 19, 2017, Yellow Earring assaulted a woman with a pocketknife at a house in Eagle Butte. The woman was taken to the hospital for treatment.

On February 11, 2017, Yellow Earring assaulted another woman, at an apartment in Eagle Butte, by hitting and kicking her with his shoes on.  The assault resulted in two fractured ribs.  The woman was taken to the hospital for treatment.

These cases were investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the cases.

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

United States Attorney Randolph J. Seiler announced that a Beresford, South Dakota, man convicted of Possession of Child Pornography was sentenced on Wednesday, November 8, 2017, by U.S. District Judge Karen E. Schrier.

Michael Jerry Harrison, age 28, was sentenced to 63 months in custody.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Harrison was indicted for distribution and receipt of child pornography by a federal grand jury on May 10, 2016.  He pled guilty on March 31, 2017.

Between May 7 and July 15, 2015, Harrison used his cell phone to possess images and videos of child pornography.  Using the app “KIK Messenger” Harrison downloaded files of child pornography into his Dropbox account on the internet. Some of the images included prepubescent minors. Authorities discovered Harrison’s involvement after they apprehended another individual in Arizona that Harrison had shared files with on KIK Messenger.

This case was investigated by the Department of Homeland Security and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Michael Jerry Harrison was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Yankton, South Dakota, man convicted of Bank Robbery was sentenced on November 6, 2017, by U.S. District Judge Karen E. Schreier.

David William Giese, age 27, was sentenced to 4 years in custody, followed by 4 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund, as well as $6,900 in restitution.

Giese was indicted for bank robbery by a federal grand jury on February 15, 2017.  He pled guilty on August 15, 2017.

On July 26, 2016, Giese robbed the Wells Fargo Bank in Yankton.  At approximately 4:55 pm, Giese entered the bank wearing an old man mask and carrying a cardboard box.  He approached the teller and stated, “Give me all your money.  There’s a bomb in the box.”  Giese also handed the teller a handwritten note that stated he had a bomb and demanded money.  After the teller provided cash from the drawer, Giese left the sealed cardboard box on the counter and told all of the bank employees not to call the police for 30 minutes otherwise the bomb would detonate.  Giese exited the bank building and left the scene in his vehicle. 

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance.

Meloni Ann Old Lodge, age 42, was indicted on October 17, 2017.  She appeared before U.S. Magistrate Judge Mark A. Moreno on November 2, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 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 September 1, 2015, and October 17, 2017, Old Lodge knowingly and intentionally conspired to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.  The Indictment also alleges that Old Lodge distributed methamphetamine in Mission on February 19, 2017.

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

This case is being investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that Phillip Mound, age 26, of Eagle Butte, South Dakota, was found guilty of Simple Assault and Assault by Striking, Beating, and Wounding, as a result of a federal jury trial in Pierre, South Dakota. 

The Simple Assault charge carries a maximum penalty of 6 months in custody and/or a $5,000 fine, a $10.00 assessment to the Federal Crime Victims Fund, and restitution.  The Assault by Striking, Beating, and Wounding charge carries a maximum penalty of 1 year in custody and/or a $100,000 fine; 1 year of supervised release, a violation of the condition of his supervision could result in 1 year of additional incarceration on any such revocation; a $25.00 assessment to the Federal Crime Victims Fund; and restitution.  

Mound was indicted by a federal grand jury on December 14, 2016. 

The conviction stems from an incident on October 18, 2016, when Mound threw two objects at his intimate partner, striking her in the face, causing blindness to her right eye.

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

A presentence investigation was ordered and a sentencing date was set for January 22, 2018.  The defendant was remanded to the custody of the U.S. Marshals Service.

South Dakota, man convicted of Possession With Intent to Distribute a Controlled Substance was sentenced on October 30, 2017, by U.S. District Judge Roberto A. Lange.

Thomas Gary Thompson, age 28, was sentenced to 235 months in custody, followed by 6 years of supervised release, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Thompson was indicted by a federal grand jury on April 4, 2017.  He pled guilty on August 14, 2017.

On March 22, 2017, Thompson was the driver of a vehicle, which crashed east of White River, South Dakota.  Thompson fled from the vehicle on foot carrying four bundles wrapped in cellophane.  Thompson was eventually apprehended by law enforcement.  The four bundles, tested by the Drug Enforcement Administration’s laboratory, contained approximately four pounds of pure methamphetamine.

This case was investigated by the Mellette County Sheriff’s Office, South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, two counts of Assault with a Dangerous Weapon, and two counts of Assault Resulting in Serious Bodily Injury.

Jaron Grassrope, a/k/a Jaron Grass Rope, age 18, was indicted on October 17, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 1, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 35 years in custody and/or a $250,000 fine, up to 6 years of supervised release, and $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 2, 2017, Grassrope and his co-defendant unlawfully entered and remained in an occupied structure with the intent to commit the crime of larceny.  The Indictment also alleges that both defendants stabbed two male victims, causing serious bodily injuries to both of them.

The charges are merely accusations and Grassrope 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.   

Grassrope was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 3, 2018.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 30, 2017, by U.S. District Judge Roberto A. Lange.

Elliot Robert Blue Coat, age 41, was sentenced to 87 months in custody, followed by 3 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Blue Coat was indicted by a federal grand jury on June 14, 2017.  He pled guilty on August 15, 2017.

Between April 2014 and June 2017, Blue Coat knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.

Blue Coat received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota.  The individuals who provided Blue Coat with the methamphetamine knew that he intended to engage in further distribution.  Blue Coat admitted that it was reasonably foreseeable to him that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.

Blue Coat also admitted to distributing methamphetamine in Eagle Butte twice on December 30, 2016, and once on January 12, 2017.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Assault with a Dangerous Weapon as a result of a federal jury trial in Pierre, South Dakota, on November 1, 2017.

Julian Navarro, age 31, was indicted by a federal grand jury on May 23, 2017.

The charges relate to the events of May 18, 2017, when Navarro allegedly struck the victim with a metal bar.

The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that an Aberdeen, South Dakota, man convicted of Wire Fraud was sentenced on October 30, 2017, by U.S. District Judge Charles B. Kornmann.

Marwin Hofer, age 54, was sentenced to 2 years in custody, followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund, a $30,000 fine, and $125,436.81 restitution.

Hofer was indicted for wire fraud by a federal grand jury on November 1, 2016.  He pled guilty on July 18, 2017.

In 2008, Hofer and three other partners formed an Aberdeen, South Dakota, limited liability company for the purpose of purchasing and leasing warehouse space in Aberdeen.  Each partner had equal membership and Hofer served as the managing member, which included the duties of being in charge of the finances and accounting of the business.

On June 12, 2012, Hofer wrote a $10,000 check from the partnership bank account to another entity owned by Hofer.  The three other partners did not authorize the transaction.  The transfer of funds was part of Hofer’s scheme to defraud his partners for his personal benefit.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Hofer will turn himself in at a later date.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 30, 2017, by U.S. District Judge Roberto A. Lange.

Richard Peneaux, age 23, was sentenced to 24 months in prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. 

Peneaux was indicted by a federal grand jury on April 12, 2017.  He pled guilty on August 14, 2017.

The conviction stemmed from an incident that occurred on the evening of March 23, 2017, in South Antelope, South Dakota.  On that evening, a Rosebud Sioux Tribe police officer responded to a report of a man walking in the hallways at the Sinte Gleska University campus with no shirt on and carrying two baseball bats.  The officer arrived and subsequently made contact with Peneaux, who was attempting to crawl through an apartment window.  The officer identified himself and ordered Peneaux to drop the bat he was holding.  Peneaux began walking toward the officer with the bat raised, as if to swing it.  He approached within 2-3 yards of the officer, at which point the officer pepper-sprayed Peneaux. Peneaux fled the area, but was subsequently apprehended.

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

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

United States Attorney Randolph J. Seiler announced that a LaPlante, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Ryun Bowker, age 26, was indicted on October 24, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 30, 2017, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on March 17, 2016, Bowker knowingly engaged in, and attempted to engage in, a sexual act by the use of force with a female victim.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Police Department.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man convicted of Sexual Abuse was sentenced on October 30, 2017, by U.S. District Judge Karen E. Schreier.  

Burton Wayne Rainbow, Jr., age 35, was sentenced to 135 months in custody, followed by five years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

According to the court documents, in August of 2015 at Marty, South Dakota, Burton Wayne Rainbow, Jr., knowingly caused the victim to engage in a sexual act by placing the victim in fear.  At the time of the sexual assault, the victim was 13 years old and the defendant was 32 years old.

The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Tribe’s Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

Rainbow was immediately turned over to the custody of the U.S. Marshal’s Service. 

United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for fourteen counts of sexual abuse offenses involving children.

Quentin Peter Bruguier, Jr., a/k/a “JB,” age 54, was indicted on October 11, 2017.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 19, 2017, and pled not guilty to the Indictment.

For the most serious offenses, 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 1989 and 2016, Bruguier engaged in sexual acts with children.  The charges are merely accusations and Bruguier is presumed innocent until and unless proven guilty. 

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

Bruguier is currently detained.  A trial date has been set for December 26, 2017.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Israel Left Hand Bull, age 33, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Left Hand Bull was convicted of Abusive Sexual Contact in January 2012.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between August 20, 2017, and September 20, 2017, Left Hand Bull, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under federal law, failed to properly register as a sex offender.

The charge is merely an accusation and Left Hand Bull is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Interstate Communications with Threat to Injury.

Graham Garnos, age 40, was indicted on March 4, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 26, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on February 22, 2015, Garnos knowingly transmitted in interstate commerce, a telephone communication to someone, which contained a threat to injure the victim.

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

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

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

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Odell Goodshield, Jr., age 58, was indicted on October 17, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Goodshield was convicted of Aggravated Sexual Abuse of a Minor in June 1999.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between May 26, 2017, and June 13, 2017, as well as between, July 5, 2017, and September 20, 2017, Goodshield, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under federal law, failed to properly register as a sex offender.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Columbus, Nebraska, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of An Unregistered Firearm.

Tyson Quigley, a/k/a Tyson Stands, age 28, was indicted on October 17, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 26, 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 31, 2017, Quigley, having previously been convicted of a felony, did knowingly possess a firearm.  The Indictment further alleges that on or about August 31, 2017, Quigley knowingly possessed a sawed-off shotgun with a barrel of less than 18 inches in length, which was not registered to him in the National Firearms Registration and Transfer Record.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man convicted of Possession with Intent to Distribute Marijuana was sentenced on October 24, 2017, by Chief Judge, Jeffrey L. Viken, U.S. District Court.

Keith Lyle Brown, age 36, was sentenced to 36 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Brown was indicted for Distribution of a Controlled Substance to Person Under Age 21 and Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 21, 2017.  He pled guilty to Count II on June 23, 2017.

On November 4, 2016, Oglala Sioux Tribe Department of Public Safety conducted a traffic stop on a vehicle operated by Brown.  Inside the vehicle, law enforcement found marijuana and marijuana based products designed for consumption, which Brown possessed and intended to distribute.  At sentencing, the Court found Brown had distributed to juveniles and increased his sentence.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services – Division of Drug Enforcement, and Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Collect and Pay Over Tax was resentenced on October 25, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.  The Defendant was charged on January 30, 2017, and pleaded guilty on February 12, 2017.

Kenneth E. Orrock, age 48, was sentenced to five years probation.  He was further ordered to pay a $100 special assessment to the Federal Crimes Victims Fund, and $280,257.72 in restitution to the Internal Revenue Service, with restitution to be paid in monthly payments of $1,000.

The Court originally sentenced Orrock on August 30, 2017, to 12 months of imprisonment, with the sentence to be served on weekends, followed by three years of supervised release.  On October 3, 2017, the Court vacated the original sentence, concluding that the sentence to weekend imprisonment was not authorized under federal law and was, therefore, illegal. 

During the years 2011 through 2015, Orrock was the sole member of Black Hills Asset Protection Group, LLC, a limited liability company located in Rapid City that offers security-related services in western South Dakota under the trade name “Black Hills Patrol.”

During the same period, Orrock withheld taxes from his employees’ wages, including federal income tax, social security, and Medicare taxes for employees of Black Hills Patrol, and willfully failed to pay over those taxes to the United States.  Orrock also willfully failed to pay the employer’s portion of taxes on wages paid to employees during the same period.  Rather than paying over the taxes, Orrock used a portion of the withholdings for his own personal use.

Orrock, who was a licensed attorney until recently, served as the Bennett County State’s Attorney until January 2017.

This case was investigated by the Internal Revenue Service Criminal Investigation Division.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

United States Attorney Randolph J. Seiler announced that Lower Brule and Fort Thompson, South Dakota, individuals have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Ashley Ellen Ross, Fort Thompson, age 30, Samantha Jane Dolezal, Fort Thompson, age 25, and Sara Renee Pray, Lower Brule, age 26, were indicted on June 14, 2017.  Ross and Dolezal appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2017.  Pray appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 2017.  All three 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 for each Count.  Restitution may also be ordered.  Pray also stands to forfeit over $1,292 in United States currency and gift cards, which were seized by law enforcement.  

The Indictment alleges that between January 1, 2015, and June 14, 2017, Ross, Dolezal, and Pray knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.  The Indictment further alleges that on November 14, 2016, Pray possessed methamphetamine with the intent to distribute it.

The charges are merely accusations and Ross, Dolezal, and Pray are presumed innocent until and unless proven guilty. 

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs Crow Creek Agency, and Sioux Falls Police Department.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Ross, Dolezal, and Pray were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

Attorney General Jeff Sessions recognized 202 department employees for their distinguished public service today at the 65nd Annual Attorney General’s Awards Ceremony in Washington, DC.  Gregg Peterman, Supervisory Assistant United States Attorney for the District of South Dakota, received national recognition for his work in Indian Country.  Peterman was the recipient of the Attorney General’s Award for Exceptional Service in Indian Country – Outstanding Dedication to Lowering Crime Rates in Indian Country.

The awards ceremony took place at Constitution Hall near the White House, before hundreds of Justice Department employees and other award recipients, as well as Attorney General Sessions, the Deputy Attorney General, the Director of the FBI, and numerous other federal law enforcement officials.  This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice. 

Peterman supervises six federal prosecutors in the Rapid City branch of the U.S. Attorney’s Office.  The office is responsible for general crimes prosecutions in western South Dakota, including violent crime on the Pine Ridge Reservation.  Under Peterman’s careful guidance, his talented team of prosecutors have persevered and achieved an appreciable increase in the number of defendants’ indicted year-upon-year out of the Rapid City office. 

Peterman joined the U.S. Attorney’s Office for the District of South Dakota in 1995.  Shortly after joining the office, he showed an interest in working on Indian Country issues, and quickly displayed a passion and energy focused on these cases.  Over the years, he has handled some of the District’s toughest Indian Country matters, ranging from violent homicides to heart wrenching child sexual abuse cases.  

He has been involved in numerous national Indian Country working groups and committees, including the Attorney General’s Task Force on Domestic Violence in Indian Country, as well as the Department of Justice Office for Victims of Crime Working Group addressing Alcohol Facilitated Sexual Assault in Indian Country.  Peterman is a frequent lecturer on Indian Country issues at the Justice Department’s training center in South Carolina, and has provided law enforcement training to hundreds of Indian Country and other federal officers.  He has co-authored two Indian Country articles for a Justice Department publication.

“Every single day, the 115,000 men and women of the Department of Justice work to protect our national security against terrorist threats, defend the civil rights of all Americans, reduce violent crime in our communities, stop deadly drug dealers and their organizations, and strengthen the rule of law,” said Attorney General Sessions.  “This work benefits every American, and each Department of Justice employee plays a role that helps us accomplish our objectives.  Today, we take a moment to recognize those who have distinguished themselves by exemplary service to the Department.  Each one of these men and women—through their dedication and commitment—has made a difference. Meeting with them and their families today, I am more confident than ever that the Department—and the safety of the American people—are in good hands.”

“Gregg Peterman’s steadfast commitment and dedication to Indian Country over the past 22 years is unparalleled,” said Randy Seiler, U.S. Attorney for the District of South Dakota.  “It is not an overstatement to say relations between the U.S. Attorney’s Office and the Oglala Sioux Tribe have never been stronger, more productive, and more respectful than they are right now.  That is a direct result of Gregg’s extraordinary efforts to build that relationship.  Gregg’s compassion, coupled with his tenacity, knowledge, and familiarity with Indian Country, makes him the model choice for the exceptional service award.  His prosecutorial skills and expertise continue to be valuable tools in our ongoing efforts to improve public safety on reservations.”

Peterman has served as a pathfinder for the nation by leading the first Community Prosecution Project on the Pine Ridge Reservation implemented in 2010.  Peterman embraced the challenge to establish a stronger presence on the reservation, and successfully created and strengthened relationships by setting up a satellite U.S. Attorney’s Office in Pine Ridge.  Since then, he has maintained regular, productive, and proactive interactions through an unmatched level of one-on-one engagement with tribal leaders, agencies, and law enforcement personnel in an effort to stem the incidence of crime on the reservation, bring justice to victims of such crime, and carry on the Department’s mission in Indian Country.

United States Attorney Randolph J. Seiler announced that a Bigfork, Montana, woman was charged in federal district court with 35 counts of Wire Fraud.

Judy Lynn Carroll, age 58, was charged on August 22, 2017.  She appeared before U.S. Magistrate Judge Veronica Duffy on October 23, 2017, and pleaded not guilty to the charges.  The maximum penalty on each count upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Carroll devising a scheme to fraudulently obtain checks, prepaid debit cards, or wires from another individual between December 2000 and October 2016. The charges are merely an accusation and Carroll is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Internal Revenue Service Criminal Investigation.  Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.

Carroll was released pending trial.  A trial date has not been set. 

United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on October 23, 2017, by U.S. District Judge Karen E. Schreier.

Gary Cournoyer, age 55, was sentenced to 135 months in custody, followed by 10 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Cournoyer was indicted for aggravated sexual abuse by a federal grand jury on April 5, 2016.  He pled guilty on October 23, 2017.

Gary Cournoyer had sexual contact with an 11 year-old girl in January 2016.  The contact occurred in Cournoyer’s home in Charles Mix County.  Law enforcement was contacted after a relative discovered suspicious messages on a computer between Cournoyer and the girl.  The girl was interviewed and disclosed that Cournoyer had the sexual contact with her after he brought her to his home to do some laundry.  Investigators also learned that another child witnessed the sexual act. 

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Abusive Sexual Contact of a Child was sentenced on October 23, 2017, by U.S. District Judge Charles B. Kornmann.

Reuben James Flying Bye, age 31, was sentenced to 71 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.

Flying Bye was indicted by a federal grand jury on June 14, 2016.  He pled guilty on June 12, 2017.

The conviction stems from an incident on May 3, 2016, when Flying Bye was watching the 11-year-old victim. At some point in the afternoon, Flying Bye tricked the victim into coming inside for lunch.  When the victim entered the house, Flying Bye proceeded to bring her into a back bedroom, removed her pants, and performed oral sex on her.

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

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

United States Attorney Randolph J. Seiler announced that Chavez Spotted Horse, age 40, of Little Eagle, South Dakota, was found guilty of three counts of Assault with a Dangerous Weapon and three counts of Child Abuse as a result of a federal jury trial in Aberdeen, South Dakota. 

The charges carry a maximum penalty of up to 60 years in custody and/or a $1,500,000 fine, up to 18 years of supervised release, and a $600 special assessment to the Federal Crime Victims Fund.  

Spotted Horse was indicted by a federal grand jury on January 19, 2017. 

The convictions stem from incidents occurring between November 27-30, 2016, when Spotted Horse severely beat his 11-year old niece with multiple weapons.

On November 27th, Spotted Horse started to beat her on the legs with a plastic spoon he retrieved from the kitchen, causing numerous deep bruises around the victim’s thighs. 

On November 28th, Spotted Horse again began to strike her with a wooden back scratcher.  He continued striking her with it until it broke, causing bruising and welts on the victim’s back.  At that time, Spotted Horse ordered her brother to go down to the basement and find him something to continue beating the victim with, and her brother returned with a plastic curtain rod.  The victim remained on the floor screaming and crying, begging for her uncle to stop as he beat her with the curtain rod, causing multiple welts and bruising. 

On November 30th, Spotted Horse again began to beat her.  This day, Spotted Horse grabbed a thick plastic hanger and repeatedly struck her on the back with it, until it broke, causing bruises and welts in the shape of the hanger. 

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

A presentence investigation was ordered and a sentencing date was set for January 4, 2018.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Firearm.

D’Boy Condon, age 39, was indicted on October 17, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 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 March 31, 2016, Condon, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a firearm, to wit: Western Field, Montgomery ward, .30-06 caliber rifle, which had been shipped and transported in interstate and foreign commerce.

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 Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on October 17, 2017, by U.S. District Judge Roberto A. Lange.

Christopher Little Elk, age 35, was sentenced to 10 months in prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Little Elk was indicted by a federal grand jury on June 14, 2017.  He pled guilty on July 25, 2017.

The conviction stemmed from an incident that occurred in Rosebud on May 12, 2017.  Little Elk was standing in front of the Rosebud Police Department when a patrol officer pulled up to the building in his patrol vehicle.  Little Elk approached the patrol officer and reported he was waiting for a ride.  The officer told Little Elk he had to respond to a call, but that he might be able to give him a ride later.  Little Elk became agitated and lunged at the officer, punching him in the chest and then pushing him. The officer drew his service weapon and ordered Little Elk to get on the ground.  Little Elk refused to comply until the office pepper sprayed him, at which point Little Elk dropped to the ground and was placed under arrest.

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

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