District of South Dakota

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Possession of Firearm by Prohibited Person was sentenced on October 16, 2017, by U.S. District Judge Lawrence Piersol.

Ehab Abdulmutta Jaber, age 46, was sentenced to 7 months in custody, 7 months of community confinement, and 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Jaber was indicted for Possession of Firearm by Prohibited Person by a federal grand jury on May 9, 2017. He pled guilty on July 25, 2017.

On April 9, 2017, Jaber, who later admitted he was a methamphetamine addict, while armed with two handguns, walked into a meeting being held at a Sioux Falls motel where the speaker was giving a presentation entitled “Sabotaging America: Islam’s March Towards Supremacy.”  Jaber was asked to leave and he returned to his vehicle.  There he streamed live video to Facebook where he displayed multiple firearms.  Law enforcement officials later searched the vehicle and recovered a total of five firearms and over 600 rounds of ammunition.  In a subsequent search of Jaber’s apartment, officers found methamphetamine and drug paraphernalia. 

This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Criminal Division Chief, Dennis Holmes, prosecuted the case.

United States Attorney Randolph J. Seiler announced today that a former executive board member of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court on October 13, 2017 to 3 months of imprisonment.  Ann German, 59, of Peever, was also ordered to pay restitution in the amount of $11,475, and to serve three years of supervised release after serving her prison sentence.

According to court documents, from approximately June 2010 through March 2013, German and her co-defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe, an Indian tribal organization.  The Big Coulee District is a political subdivision of the Tribe.  German was an employee of the District, and her co-defendants were all elected executive board members of the District at the time.

During the conspiracy, they stole a total of $81,542.50 from the District.  German received $11,475 of the stolen funds and used the funds for her own purposes.

The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

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

United States Attorney Randolph J. Seiler announced today that a former executive board member of the Old Agency District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court to 6 months of imprisonment.  Leslie Barse, Sr., 74, of Peever, South Dakota, was also ordered to pay restitution in the amount of $147,312, and to serve three years of supervised release after serving his prison sentence.

According to court documents, beginning on or about January 20, 2011, and continuing through March 9, 2013, in the District of South Dakota and elsewhere, Leslie Barse, Sr. formed an agreement with others to embezzle, steal, and knowingly convert to their own use, funds from the Old Agency District of the Sisseton Wahpeton Oyate Tribe (“Tribe”), an Indian tribal organization.  Barse joined the agreement knowing its illegal purpose.  The Old Agency District (“District”) is a subdivision of the Tribe.  

Barse, among others, were elected executive board members of the District.  During the relevant time period, the District's executive board members were entitled to receive a monthly stipend for their service.  From approximately January 2011 through March 2013, Barse and others stole money from the District by writing checks to themselves for payroll, stipends, assistance, travel, and other miscellaneous reasons.  Barse and his co-defendants stole a total of $360,499 from the District.  The Defendant received $147,312 of the stolen funds and used the funds for his own purposes.

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

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

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

United States Attorney Randolph J. Seiler announced that a Sisseton, South Dakota, man who was convicted of several counts of fraud was sentenced on October 16, 2017, by U.S. District Judge Charles B. Kornmann.

Keith Hagen, age 49, was sentenced to 46 months of imprisonment to be followed by 3 years of supervised release.  Hagen was ordered to pay a total of $236,000 in restitution.  Hagen was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund for each of the eight counts of conviction.

Hagen and his former wife, Amanda Holy Bull, were indicted on February 9, 2016, for Conspiracy to Commit Mail Fraud and Wire Fraud, three counts of Wire Fraud, and four counts of Mail Fraud.  A federal jury convicted Hagen on all counts on June 28, 2017.  Holy Bull, age 33, also of Sisseton, pled guilty to the conspiracy charge and will be sentenced on October 30, 2017. 

Hagen and Holy Bull leased pasture land from the Bureau of Indian Affairs.  They used the land to provide custom cattle grazing services to cattle producers. 

They entered into contracts with several cattle producers, knowing that they did not lease enough pasture land to graze all of the cattle for which they had contracted. They took up-front payments from several producers, failed to provide the grazing services, and used the money for personal purposes.  In all Hagen and Holy Bull defrauded producers out of $236,000. 

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Hagen was allowed to self-report to the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Possession of a Stolen Firearm was sentenced on October 16, 2017, by U.S. District Judge Roberto A. Lange.

Stephanie Bear Heels, age 31, was sentenced to 12 months and 1 day in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bear Heels was indicted by a federal grand jury on March 15, 2017.  She pled guilty on June 27, 2017.

The conviction stems from an incident between November 11-13, 2016, when 14 firearms were stolen from a home in Mission.

Bear Heels obtained one of the stolen firearms following the burglary of the home.  She and co-defendant Angelito Moran knew that co-defendants Keith and Kevin Bordeaux were looking for guns to buy/trade for narcotics.  Co-defendant Keith Bordeaux purchased a rifle from Moran and Bear Heels for $50 worth of methamphetamine.

Bear Heels knew or had reason to know that firearm was stolen and the possession of the firearm by any person other than the owner would be unlawful. Further, Bear Heels sold the firearm for illegal narcotics. 

Co-defendant Angelito Moran pleaded guilty and was sentenced on September 5, 2017, to 18 months of custody.

Co-defendant Keith Bordeaux has filed a plea agreement.  Co-defendant Kevin Bordeaux is awaiting trial, which is currently set for November 14, 2017.

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

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

United States Attorney Randolph J. Seiler announced that Carlin Jimi Jewett, Jr., a/k/a Jimmy Jewett, Jr., age 37, of Eagle Butte, South Dakota, was found guilty of Simple Assault as a result of a federal jury trial in Pierre, South Dakota. 

The charges carry a maximum penalty of 6 months in custody and/or a $5,000.00 fine, a $10.00 special assessment to the Federal Crime Victims Fund, and restitution.  

Jewett was indicted by a federal grand jury on May 16, 2017. 

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, South Dakota.  

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.

A presentence investigation was ordered and a sentencing date is set for January 2, 2018.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Selby, South Dakota, man, has been indicted by a federal grand jury for a violation of the Migratory Bird Treaty Act.

Steven Marin, age 46, d/b/a Mobridge Pawn, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for this misdemeanor offense is up to six months in custody and/or a $15,000 fine, and $10 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between June 11, 2014, and June 18, 2014, Marin, d/b/a Mobridge Pawn, possessed, offered for sale, sold, offer to barter, bartered, delivered for transportation, transported, and caused to be transported, a migratory bird and parts thereof of any such bird.

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

The investigation is being conducted by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric D. Kelderman are prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Mandan, North Dakota, man has been indicted by a federal grand jury for violations of the Lacey Act and Bald and Golden Eagle Protection Act.

Sheldon Tree Top, age 43, was indicted on August 22, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, 1 year of supervised release, and up to $150 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between August 7, 2014, and August 14, 2014, Tree Top knowingly transported, sold, received, acquired, and purchased bald eagle, golden eagle, and various species of hawks, when Tree Top should have known the protected birds were taken, possessed, transported, and sold in violation of, and in a manner unlawful under the laws and regulations of the United States.  

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

The investigation is being conducted by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric D. Kelderman are prosecuting the case.   

Tree Top 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 two Mobridge, South Dakota, residents, a man and a woman, have been indicted by a federal grand jury for a violation of the Migratory Bird Treaty Act.

Jeffrey Jensen, age 53, and Amanda Silbernagel, age 30, both d/b/a Jerry’s Pawn Shop, were indicted on September 12, 2017.  They appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for this felony offense is up to two years in custody and/or a $250,000 fine, one year of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between August 19, 2014, and August 21, 2014, Jensen and Silbernagel, d/b/a Jerry’s Pawn Shop, knowingly offered for sale, sold, offer to barter, bartered, delivered for transportation, transported, and caused to be transported, a migratory bird and parts thereof of any such bird.

The charge is merely an accusation and Jensen and Silbernagel are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric D. Kelderman are prosecuting the case.   

Jensen and Silbernagel were released on bond pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman, has been indicted by a federal grand jury for violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act.

Wanda Dupris, age 44, was indicted on August 22, 2017.  She appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to two years in custody and/or a $250,000 fine, one year of supervised release, and up to $125 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on June 30, 2015, Dupris did knowingly, and with wanton disregard for the consequences of her actions, possess, sell, barter, and offer to sell and barter a bald eagle and a golden eagle and parts thereof, and other migratory birds and parts thereof.

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

The investigation is being conducted by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric D. Kelderman are prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Chamberlain, South Dakota man, a Fort Thompson, South Dakota man, and a Box Elder, South Dakota woman have been indicted by a federal grand jury for violations of the Bald and Golden Eagle Protection Act and Lacey Act.

Christopher Pomani, age 37, Michael Pomani, age 40, and Arvella Pomani, age 35, were indicted on August 22, 2017.  They appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to two years in custody and/or a $250,000 fine, one year of supervised release, and up to $175 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on October 27, 2014, Christopher Pomani and Michael Pomani did knowingly, and with wanton disregard for the consequences of their actions, possess, sell, barter, and offer to sell and barter, a bald eagle and a golden eagle and parts thereof.

The indictment also alleges that between October 28, 2014, and October 30, 2014, Michael Pomani and Arvella Pomani also did knowingly, and with wanton disregard for the consequences of their actions, possess, sell, barter, and offer to sell and barter a bald eagle and a golden eagle and parts thereof, as well as knowingly transported, sold, received, acquired, and purchased bald eagles, golden eagles, and various species of hawks and owls.

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

The investigation is being conducted by the U.S. Fish & Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric D. Kelderman are prosecuting the case.   

Christopher Pomani was remanded to the custody of the U.S. Marshals Service pending trial.  Michael Pomani and Arvella Pomani were released on bond pending trial.  A trial date has not been set.

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

Anthony Ray Martinez, Jr., age 36, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on April 1, 2015, Martinez, having previously been convicted of a felony, did knowingly possess a firearm.

The charge is merely an accusation and Martinez 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.   

Martinez 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 was acquitted of Aggravated Sexual Abuse of a Child as a result of a federal jury trial in Pierre, South Dakota, beginning on October 3, 2017, and concluding on October 4, 2017.

Jason Corey Poorman, age 41, was indicted by a federal grand jury on November 9, 2016.

The charge stemmed from an alleged incident that occurred in March 2004, in Parmelee, South Dakota.

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

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

Louis Andrew Rabbitt, Jr., age 37, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Rabbitt was convicted of Sexual Abuse of a Minor in August 2001.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between July 24, 2017, and July 31, 2017, Rabbitt, 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 Rabbitt 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.   

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

Rene DeLeon, Jr., age 41, was indicted on August 22, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 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, a mandatory minimum of 5 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, 2014, and April 14, 2014, as well as between October 1, 2015, and February 28, 2016, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction for sexual assault of a child, knowingly failed to register and update his registration.

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

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

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

Tristan Johnson, age 19, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 4, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 29, 2017, Johnson forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a Correctional Officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties.   Said conduct involved physical contact with the correctional officer.

The charge is merely an accusation and Johnson 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.   

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

Media are invited at 10:45 a.m. Wednesday, Oct. 18, at the Sioux Falls Convention Center, for a press conference. Media should register at the registration table. At the press conference, keynote speaker Dr. Stacey Hail give comments and will be available for interviews, along with Deb Fischer-Clemens and Randolph Seiler.

SIOUX FALLS  –  “The Opioid Epidemic: A Wicked Problem of the Worst Kind” will be held Wednesday, Oct. 18, from 8 a.m. to 5 p.m. at the Sioux Falls Convention Center in Ballrooms A and B. This event is sponsored by Avera and the U.S. Attorney’s Office of South Dakota.

“We are fortunate in South Dakota that we have not been impacted as deeply as many states by the opioid epidemic. Yet we also know that we’re seeing a tip of the iceberg of what we could possibly face in the future, so we want to be proactive in order to protect residents of our state. At this conference, we hope to raise awareness and spark discussions toward possible solutions,” said Randolph Seiler, U.S. Attorney for the District of South Dakota.

Keynote speaker will be Stacey Hail, MD, FACMT, Associate Professor of Emergency Medicine and Medical Toxicology at the University of Texas Southwestern Medical Center, and toxicologist at Parkland Hospital and North Texas Poison Center. Dr. Hail is a forensic and medical expert witness and analyzes overdose cases from all over the country.

Kim Malsam-Rysdon, Secretary for the South Dakota Department of Health, is the noon speaker. There will also be panel discussions featuring state and local experts on legal implications, medical implications, child endangerment and innovative solutions and prevention.

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

“More than 140 Americans die from a drug overdose every day—that's more than from gun homicides and car crashes combined. If nothing changes, a STAT forecast concludes that 650,000 people will die in the next 10 years – a number that represents over three-fourths of the population of South Dakota. President Donald Trump has declared the opioid crisis a national emergency, and we want to do everything we can to prevent these tragedies from impacting people within our state and region,” said Deb Fischer-Clemens, Senior Vice President for Public Policy at Avera Health.

Throughout this full-day event, the goal is to open up a larger conversation between people from all walks of life in South Dakota. Attendees represent the legal system, government, health care, education, social work, ministries and more.

A turnout of over 350 is expected. “This high level of interest demonstrates our collective need to work together to bring about real and significant efforts toward prevention,” Fischer-Clemens added.

United States Attorney Randolph J. Seiler announced that a Pine Ridge man convicted of Voluntary Manslaughter and Discharge of a Firearm During the Commission of a Crime of Violence was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Thomas Joseph Brewer, age 26, was sentenced on October 3, 2017, to 8 years and 1 month of imprisonment on the manslaughter conviction, and 10 years on the firearm conviction, to run consecutively, followed by 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and $7,680.13 in restitution. 

Brewer was charged on December 20, 2016. The conviction stems from Brewer killing a man by shooting him in the abdomen with a 9mm handgun, after the man confronted him about driving recklessly in front of his house in Pine Ridge in November 2016.  

This case was investigated by 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. Attorney Benjamin Patterson prosecuted the case.

Brewer 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 Sexual Abuse of a Person Incapable of Consent.

Bates Hood, Jr., age 40, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 2, 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, as well as an additional special assessment of $5,000.

The Indictment alleges that on January 31, 2016, Hood knowingly engaged in, and attempted to engage in a sexual act with a female victim, when at the time the victim was incapable of declining participation in and communicating her unwillingness to engage in the sexual act.

The charge is merely an accusation and Hood 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.   

Hood was released on bond pending trial, which has been set for November 28, 2017.

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 by Striking, Beating, and Wounding.

Sven Dyda, age 38, was indicted on September 19. 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 2, 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 up to $125 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on September 2, 2017, Dyda unlawfully assaulted two female victims, one with shod feet.

The charges are merely accusations and Dyda 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.   

Dyda was released on bond pending trial, which has been set for November 14, 2017.

United States Attorney Randolph J. Seiler announced that a Baraboo, Wisconsin, man convicted of Failure to Register as a Sex Offender was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.

James Nault-Hart, age 29, was sentenced to 26 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.

Nault-Hart was indicted by a federal grand jury on December 14, 2016.  He pled guilty on July 17, 2017.

The conviction stems from Nault-Hart failing to register as a sex offender as required by federal law between September 12, 2016, and October 5, 2016.  Nault-Hart had previously been convicted of a sex offense in Sault County, Wisconsin.  He absconded from parole supervision and came to South Dakota, where he failed to register as a sex offender.

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

Nault-Hart was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Vale, South Dakota, man was charged in federal district court with False Claim.

Dale Knutson, age 57, was charged on September 19, 2017.  He appeared before U.S. Magistrate Judge Daneta Wollmann on September 29, 2017, and pleaded not guilty to the charge. 

The maximum penalty upon conviction is 5 years of imprisonment 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 charge relates to Knutson knowingly filing a false claim with the Farm Service Agency in May 2014. The charge is merely an accusation and Knutson is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the United States Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

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

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 2, 2017, by U.S. District Judge Roberto A. Lange.

Justin Fast Horse, age 21, was sentenced to 9 months in custody followed by 2 years of supervised release.  Fast Horse was also ordered to pay restitution in the amount of $6,883.99, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fast Horse was indicted by a federal grand jury on March 15, 2017.  He pled guilty on July 6, 2017.

The conviction stemmed from an incident that occurred on the evening of March 3, 2017, near Okreek, South Dakota.  Fast Horse was driving a pickup with two other men, one of whom was the owner of the pickup.  At one point, the other two men exited the vehicle, and Fast Horse drove away.  The vehicle was then reported stolen.  The vehicle was spotted a short time later in Mission, by a Rosebud Sioux Tribe police officer, who attempted to initiate a traffic stop.  Fast Horse refused to stop and led police on a high-speed chase in and around Mission.  After driving over a spike strip and running into a parked vehicle, Fast Horse backed the pickup into the front end of a patrol vehicle.  Fast Horse, who was intoxicated, was subsequently arrested, at which time he spat at one of the police officers. 

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

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

United States Attorney Randolph J. Seiler announced that a Philip, South Dakota, man convicted of Attempted Possession of Child Pornography was sentenced on October 2, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Ryan Lloyd Kammerer, age 27, was sentenced to 2 years of probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Kammerer 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 persons willing to pay to have sex with underage girls or boys obtained through the Internet.  The conviction stemmed from Kammerer communicating with someone he believed to be a minor for the purpose of engaging in sexual acts.

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. 

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Robbery was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.

Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 29, was sentenced to 102 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.  Restitution has been left open for 45 days.

Flute was indicted by a federal grand jury on March 22, 2016.  He pled guilty on July 7, 2017.

The conviction stems from an incident on Friday March 4, 2016, when the victim was closing up the Trading Post in Lower Brule, shortly after 10:00 p.m.  She was on the phone with her boyfriend when he heard her scream, some scuffling, and the line go dead.  He tried calling her back but was unsuccessful. Her boyfriend called law enforcement, and the Bureau of Indian Affairs and Lyman County Sheriff responded. 

When they arrived at the Trading Post, law enforcement found the victim in her car, covered in blood. They also recovered a wooden board with blood on it.  The victim was transported to the emergency room at the Chamberlain hospital, and on to Sioux Falls due to her injuries.  She suffered a fractured orbital, bleeding on the brain, and staples were required to close the wound to her head.  The victim was interviewed and stated she had closed the store, put the cash and checks into a Wells Fargo money bag, and was locking up the store while on the phone with her boyfriend.  She walked to her car and was unlocking it, when she was struck from behind with a hard object.  She was hit several times and fell to the ground.  She tried to kick and push her assailant(s) away.  She was able to get in the car, and the suspect(s) fled with the money bag.

Officers followed up on many leads, including the defendant, Kyle Flute. Flute admitted to assaulting the victim by hitting her several times with the wooden board about her head and body. He stated he has a terrible meth problem and just wanted the money for drugs. 

“We are seeing an increasing number of drug related crimes, where the assailant commits a violent crime to help feed their drug problem,” said U.S. Attorney Seiler. “We are aggressively prosecuting these cases where violence and drug use go hand in hand.  It will be not be tolerated.”

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that two former directors of the Rosebud Sioux Tribe’s Tribal Ranch appeared in federal court on September 26, 2017, in Pierre, South Dakota, with one defendant pleading guilty at his initial appearance.  Patricia Elaine Jones and Stormy Halligan, both former directors of the Rosebud Tribal Ranch, were separately charged with Embezzlement and Theft from an Indian Tribal Organization. 

Patricia Elaine Jones, 65, of Rosebud, South Dakota, appeared in federal court on the indictment charging her with one count of embezzlement.  The maximum term of imprisonment upon conviction is up to 5 years, a $250,000 fine, or both, a period of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

According to the indictment filed against Jones, between April 1, 2015, and March 31, 2016, Jones willfully and knowingly embezzled, misapplied, and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization.

During his initial appearance, Stormy Halligan, 42, of Winner, South Dakota, entered his guilty plea before U.S. Magistrate Judge Mark A. Moreno.  Halligan faces a maximum term of imprisonment of 1 year, a $100,000 fine, or both, a period of 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.  Restitution will also be ordered.

According to Halligan’s plea agreement, between April 1, 2015, and March 31, 2016, he willfully and knowingly embezzled, misapplied, and converted to his own use monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization. Halligan pleaded guilty to a federal misdemeanor and has agreed to pay restitution.

The investigation is being conducted by the Federal Bureau of Investigation and the Department of Interior, Office of Inspector General.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

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

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

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assault With a Dangerous Weapon and Felon in Possession of a Firearm was sentenced on September 19, 2017, by U.S. District Judge Roberto A. Lange.

Keena Two Eagle, age 32, was sentenced to two terms of 54 months in prison, to be served concurrently, followed by 3 years of supervised release.  He was also ordered to pay restitution in the amount of $2,040.24, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Two Eagle was indicted by a federal grand jury on March 15, 2017.  He pled guilty on June 22, 2017.

The convictions stemmed from two separate incidents that occurred in 2016.  On August 16, 2016, Two Eagle stabbed a woman multiple times with a kitchen knife at a house in Antelope, South Dakota, causing deep lacerations to her arms and face.  Two Eagle fled the scene before police arrived.  The woman was subsequently hospitalized and treated for her injuries.

On December 25, 2016, police responded to a report that the defendant was at a house in Parmelee brandishing a gun.  Police responded to the scene and recovered from the defendant a 9mm handgun that had the serial number scratched off, along with multiple rounds of ammunition.

Two Eagle was convicted of Assault Resulting in Serious Bodily Injury in U.S. District Court in 2006, making it illegal for him to possess firearms.  Two Eagle will forfeit ownership of the firearm seized on December 25, 2016, to the United States.

These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Madison, South Dakota, man convicted of Possession of Child Pornography was sentenced on September 25, 2017, by U.S. District Judge Karen E. Schreier.

Scott Roger Kraft, age 60, was sentenced to 140 months in custody, followed by 8 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Kraft was indicted for Possession of Child Pornography and Felon in Possession of Firearm and Ammunition by a federal grand jury on July 12, 2016.  He pled guilty to Possession of Child Pornography on May 9, 2017.

On March 30, 2016, law enforcement searched Kraft’s home for child pornography.  Kraft had been on parole supervision for a 2015 felony conviction for sexual exploitation of a minor in Lake County.  Police found compact discs containing photos and videos of child pornography, along with a loaded handgun, in Kraft’s Madison home. 

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

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

United States Attorney Randolph J. Seiler announced that Tally Colombe, age 42, of Fort Thompson, South Dakota, was sentenced to federal prison for a term of 27 months and ordered to pay restitution in the amount of $39,997.  Colombe appeared before U.S. District Judge Roberto A. Lange on September 19, 2017.

Colombe pleaded guilty to Wire Fraud and Program Fraud in June 2017.   

According to plea documents filed with the Court, beginning on or about June 1, 2015, through and including October 1, 2016, in the District of South Dakota and elsewhere, Colombe, having devised a scheme and artifice to defraud by means of false and fraudulent pretenses, representations and promises, caused to be transmitted by means of electronic wire communications in interstate commerce, writings, signs, signals, pictures and sounds for the purpose of executing such scheme and artifice to defraud.

It was part of the scheme and artifice to defraud that Colombe, while serving as the Executive Director of Hunkpati Investments, used the business debit card to make personal purchases from several businesses, all without knowledge and authorization from Hunkpati Investments.

Beginning on or about June 1, 2015, through and including October 1, 2016, Colombe, as an agent of Hunkpati Investments, which was an organization and agency that received in each of the calendar years of 2015 and 2016 benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, and other form of federal assistance, did knowingly and intentionally embezzle, steal, obtain by fraud, and otherwise without authority knowingly convert to the use of persons other than the rightful owner, and intentionally misapply property worth at least $5,000 which was owned by and was under the care, custody and control of Hunkpati Investments.

Hunkpati Investments (Hunkpati), located in Fort Thompson, South Dakota, is a Native Community Development Financial Institution established to provide financial opportunities to stimulate economic development on the Crow Creek Sioux Reservation.  Hunkpati services include a savings incentive program and lending for credit builder and small business loans.  Hunkpati is funded by grants from the U.S. Department of Treasury, the U.S. Department of Agriculture, the U.S. Department of Health and Human Services, the Northwest Area Foundation, and several other small foundations. In 2015, Hunkpati received in excess of $30,000 in grants from federal agencies.

Hunkpati is governed by a Board of Directors (Board).  Colombe served as an agent, that is, Executive Director, of Hunkpati from May of 2015, to approximately November of 2016, and reported to the Board.  Prior to becoming the Executive Director, Colombe also served on the Board as a Board Member. As Executive Director, Colombe was responsible for advising the Board on the financial status of Hunkpati as well as maintaining compliance for Hunkpati’s spending pursuant to the federal grant requirements.

The unlawful purchases, and therefore the wire transfers, were made without authorization from the Board.  Colombe did not disclose the purchases to the Board.  Colombe and the United States agreed to an amount just under $40,000 as the restitution and loss amount.

The investigation is being conducted by the Federal Bureau of Investigation and the United States Attorney’s Office.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on September 18, 2017, by U.S. District Judge Roberto A. Lange.

Douglas LaPlante, Jr., age 26, was sentenced to 12 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.

LaPlante was indicted by a federal grand jury on February 15, 2017.  He pled guilty on June 28, 2017.

The conviction stems from an incident on October 28, 2016, when LaPlante’s girlfriend called the Cheyenne River Sioux Tribe (CRST) Police Department because he was intoxicated and she wanted him removed from the residence.  A CRST Officer responded to the call.  After gaining access to the apartment, the officer confirmed that LaPlante’s girlfriend still wanted him to be removed.  Once he got confirmation, the officer attempted to remove LaPlante from the residence.  LaPlante doubled up his fist and hit the officer in the face/jaw.   A struggle ensued between the officer and LaPlante and the two of them fell to the floor.  When LaPlante got up, he repeatedly advanced on the officer, swinging at him.  At one point, LaPlante got close enough that the officer grabbed him and took him to the ground. LaPlante continued to resist and attempt to get away.  The officer was able to retrieve his O.C. spray from his duty belt and apply a single stream to LaPlante's face. This brought LaPlante into compliance, and he was taken into custody.

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

LaPlante 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 has been indicted by a federal grand jury for Assault with a Dangerous Weapon.

Colton White Feather, age 22, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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 June 4, 2017, White Feather unlawfully assaulted an adult male with a knife, with intent to do bodily harm to said victim.

The charge is merely an accusation and White Feather 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.   

White Feather 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 an additional sixteen individuals have been indicted for the illegal trafficking of eagles and other migratory birds.  These individuals are in addition to the 15 individuals that were indicted earlier this year.  The Indictments are a result of a two-year undercover operation, dubbed Project Dakota Flyer.

Indicted Individuals Include:

Manuel Lieras: 39, Pocatello, ID, charged with violations of the Migratory Bird Treaty Act: CR 17-10032

Jason Brodersen: 46, Omaha, NE, charged with violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50141

Sheldon Tree Top: 43, Mandan, ND, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30116

Christopher Pomani: 37, Chamberlain, SD, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30118

Michael Pomani: 20, Ft. Thompson, SD, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30118

Arvella Pomani: 35, Pierre, SD, charged with violations of the Bald and Golden Eagle Protection Act, and Lacey Act: CR 17-30118

Wanda Dupris: 44, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30119

Melinda Sue Relf, a/k/a Melinda Red Feather: 37, Pine Ridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50140

Fair Deal Pawn: Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50138

Kenneth Foster, d/b/a Rapid Pawn: 28, Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50136

Pawn With Us: Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50139

Elray Rosaaen, d/b/a Buffalo Gap Trading Post: 72, Buffalo Gap, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50137

Jeffrey Alan Jensen, d/b/a Jerry’s Pawn Shop: 53, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30123

Amanda Silbernagel, d/b/a Jerry’s Pawn Shop: 30, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30123

Steven Ray Marin, d/b/a Mobridge Pawn: 46, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30124

Larry Belitz: 74, Hot Springs, SD, charged with violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR-17-50157

Initial appearances have been set for Friday October 6, 2017, in Pierre, Wednesday October 11, 2017, in Rapid City, and Thursday October 12, 2017, in Aberdeen.  This case is being investigated by the U.S. Fish and Wildlife Service.  Assistant U.S. Attorneys Meghan N. Dilges and Eric Kelderman are prosecuting the cases.

United States Attorney Randolph J. Seiler announced that a Sisseton-Wahpeton Sioux Tribal prosecutor was sworn in as a Special Assistant U.S. Attorney on September 22, 2017.

Debra C. Flute was sworn in by U.S. District Judge Roberto A. Lange during a ceremony at the Federal Courthouse in Sioux Falls, South Dakota.

Ms. Flute is an enrolled member of the Sisseton-Wahpeton Sioux Tribe and is the Tribe’s Senior in-house Attorney and tribal prosecutor.  Debra has primarily practiced Federal Indian Law, Criminal Law, and served on the SD Board of Pardons and Parole from 2008 to 2014.  Debra received her BS from Pennsylvania State University and her JD from the University of North Dakota School of Law.  

The Sisseton-Wahpeton Sioux Tribe is located in the northeastern part of South Dakota, with land in both South and North Dakota.  As a tribal prosecutor, Flute handles matters that arise on tribal land.  While the majority of her prosecutions revolve around matters for crimes committed by tribal members, Flute also has the ability to charge non-tribal members for crimes involving domestic violence occurring on tribal land.  This ability stems from the tribe’s decision to adopt provisions contained in the Violence Against Women Act, which increased the Tribe’s jurisdiction.  In addition, the Sisseton-Wahpeton Sioux Tribe has adopted the provisions of the Tribal Law and Order Act, which enabled the Tribe to impose a sentence of up to three years for felonies committed within its jurisdiction.

Recently the Tribe has been looking for ways to combat the growing methamphetamine problem plaguing its members.  By entering into an agreement with the U.S. Attorney’s Office, having Flute designated as a Special Assistant U.S. Attorney, the Tribe is hopeful this will stem the tide of drugs and drug related crimes that are plaguing its communities.  Sisseton-Wahpeton Sioux Tribal Chairman Dave Flute stated, “This is a tremendous opportunity for our Tribe to partner with the U.S. Attorney’s Office and other federal agencies to take the lead in the fight against methamphetamine and other drugs that are decimating communities in northeastern South Dakota.” 

U.S. Attorney Seiler added, “The use of illegal drugs is becoming an epidemic in our state and on our reservations.  To have a seasoned tribal prosecutor the caliber of Debra Flute will be a tremendous asset to enhance our proactive measures to combat drugs infiltrating the Native American culture.”

Discussions are on-going regarding the formation of a regional Tribal, State, and Federal drug task force covering the counties that make up the Sisseton-Wahpeton Sioux Tribe. 

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with two counts of Theft From a Program Receiving Federal Funds.

Kevin S. Lewis, age 55, was charged on September 19, 2017.  He appeared before U.S. Magistrate Judge Daneta Wollmann on September 22, 2017, and pleaded not guilty to the charges.  The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund on each count.  Restitution may also be ordered.

The charges relate to Lewis, while employed as the managing attorney for Dakota Plains Legal Services, taking money rightfully belonging to Dakota Plains Legal Services. The charges are merely an accusation and Lewis is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Legal Services Corporation, Office of Inspector General.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 19, 2017, by U.S. District Judge Roberto A. Lange.

Louis Anthony Good Shield, age 28, was sentenced to 18 months in custody, followed by 4 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.

Good Shield was indicted by a federal grand jury on August 16, 2016.  He pled guilty on June 27, 2017.

Good Shield admitted that between January 1, 2013, and September 17, 2015, he knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.  Good Shield assisted other individuals in obtaining methamphetamine and delivering that methamphetamine to others for further distribution in South Dakota.  Good Shield’s role in the distribution scheme was to accompany others during the transport of the methamphetamine, and to be “the muscle.”

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Calvin Gillette, age 26, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 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.

Gillette is accused of assaulting his domestic partner on January 31,  2017, when at the time of the assault, Gillette had a final conviction on at least two separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.

The charge is merely an accusation and Gillette 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 Nelson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Peter White Feather, age 38, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on February 26, 2017, White Feather assaulted a federal law enforcement officer.

The charge is merely an accusation and White Feather 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 Nelson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on September 18, 2017, by U.S. District Judge Roberto A. Lange.

Jeremiah Little Wounded, age 37, was sentenced to 6 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.

Little Wounded was indicted by a federal grand jury on November 9, 2016.  He pled guilty on June 27, 2017.

Little Wounded admitted that on July 7, 2016, he knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, to another individual for $100. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

Little Wounded 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 convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 19, 2017, by U.S. District Judge Roberto A. Lange.

Alyce Marie Morrison, age 34, was sentenced to 95 months in custody, followed by 3 years of supervised release, forfeiture of $80 in U.S. currency, a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Morrison was indicted by a federal grand jury on March 15, 2017.  She pled guilty on June 27, 2017.

Morrison admitted that between July 1, 2016, and March 15, 2017, she knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.

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

On November 16, 2016, in Dupree, Morrison sold 1.5 grams of methamphetamine to a confidential informant for $175 and fronted that informant another gram of methamphetamine.

On January 14, 2017, Morrison was stopped by tribal law enforcement in Eagle Butte.  In her possession, she had $80 in U.S. currency, 6.68 grams of methamphetamine, and a loaded firearm.  Those items were seized by law enforcement and forfeited.

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

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

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, woman was found guilty of Concealing a Person from Arrest by a federal jury in Pierre, South Dakota, on September 14, 2017.  A Cherry Creek, South Dakota, man was acquitted of the same charge.

September Waloke, age 51, and Everett Condon, age 55, were indicted by a federal grand jury on November 9, 2016.  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 charges stemmed from a series of events that occurred between October 19, 2016, and October 20, 2016, at which time Tyson LeCompte, a/k/a Tyson Garreaux, had an active warrant out for his arrest.  The jury found that Waloke harbored and concealed LaCompte during the time period so as to prevent his discovery and arrest.  The jury acquitted Condon of the charges.   

The investigation was conducted 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 released on conditions pending sentencing, the date of which has not been set.  

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and Assault with a Dangerous Weapon.

Robert Lee Burnette, age 24, was indicted on August 16, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about July 14, 2017, Burnette threatened two individuals with a knife, and assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe while the officer was engaged in the performance of his official duties.

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

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

Burnette 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 has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Calvin Gillette, age 26, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 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.

Gillette is accused of assaulting his domestic partner on January 31,  2017, when at the time of the assault, Gillette had a final conviction on at least two separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.

The charge is merely an accusation and Gillette 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 Nelson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Austin Paul Abernathy, age 26, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 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, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 27, 2017, Abernathy unlawfully assaulted his intimate partner with a knife, with the intent to commit murder.  Said assault resulted in substantial bodily injury to the victim.

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

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on September 18, 2017, by U.S. District Judge Roberto A. Lange.

Corey Ryan DeHorse, age 24, was sentenced to 8 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.

DeHorse was indicted by a federal grand jury on November 9, 2016.  He pled guilty on June 27, 2017.

DeHorse admitted that on August 5, 2016, he knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, to another individual for $100. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a half-day meeting addressing drugs, violent crime, and public corruption in Indian country will be held in Porcupine, South Dakota, on Thursday September 28, 2017. The event is hosted by the U.S. Attorney’s Office, Oglala Sioux Tribe, Bureau of Indian Affairs, and the Federal Bureau of Investigation.

The event will feature presentations by the U.S. Attorney’s Office and the Department of Interior on addressing public corruption in Indian country, FBI and BIA officials speaking about methamphetamine and the pervasiveness of the problem, and a segment on re-entry programs and services.

The event will be held at the Elderly Building in Porcupine, located at 123 Porcupine. The conference will run from 3:30 pm – 5:30 pm. The public is welcome and a free evening meal will be served.

Please see the attached flyer for a complete list of speakers and topics.

United States Attorney Randolph J. Seiler announced that Danny Ferguson, age 42, of Kyle, South Dakota, was found guilty of Arson following a federal trial in Rapid City, South Dakota.

The charge carries a maximum penalty of up to life in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Evidence at trial established that Ferguson used a gasoline and diesel soaked blanket to set fire to an occupied trailer house near Kyle in April 2015.

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

A sentencing date was set for February 23, 2018. Ferguson was remanded to the custody of the U.S. Marshals Service pending sentencing.

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

Phillip Little Hoop, age 35, was indicted on September 12, 2007. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 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.

Little Hoop was convicted of Sexual Abuse of a Minor in December 2008. As a result of this conviction, he is required to register as a sex offender. It is alleged that between April 7, 2017, and May 11, 2017, Little Hoop, 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 Little Hoop 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.

Little Hoop 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 Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault of a Federal Officer, Assault with a Dangerous Weapon, and Discharge of a Firearm during the Commission of a Crime of Violence.

Connie Wilson, age 54, was indicted on September 12, 2017. Wilson appeared before U.S. Magistrate Judge Daneta Wollmann on September 13, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Wilson assaulting two federal officers with a firearm in Oglala Lakota County on August 29, 2017.

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

The investigation is being conducted by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Wilson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for November 14, 2017.

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on September 11, 2017, by U.S. District Judge Roberto A. Lange.

Richard Wolf Guts, age 32, was sentenced to 27 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.

Wolf Guts was indicted by a federal grand jury on April 12, 2017. He pled guilty on July 17, 2017.

The conviction stemmed from an incident that occurred at the Rosebud Adult Correctional Facility, in Rosebud, South Dakota, on April 2, 2017, where Wolf Guts was serving a sentence for a tribal conviction. Wolf Guts began yelling and pouring water all over the floor of his cell, and he ignored verbal commands to stop. Corrections officers subsequently removed him from his cell and placed him in a restraint chair. As he was being secured in the restraint chair, Wolf Guts continued to be combative, spitting in the face of one corrections officer, kicking a second corrections officer in the leg, and biting the hand of a third corrections officer.

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

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

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 12, 2017, by U.S. District Judge Roberto A. Lange.

Mark Felix Clairmont, age 42, was sentenced to 36 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.

Clairmont was indicted by a federal grand jury on November 9, 2016. He pled guilty on June 26, 2017.

The conviction stemmed from an incident that occurred on June 20, 2015, at a house near Mission, South Dakota. On that date, Clairmont was drinking and socializing with a group of individuals that included the victim. The victim became intoxicated and fell asleep on a couch that evening. She subsequently awoke to discover Clairmont was sexually assaulting her.

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

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