FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Rapid City Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Jonah Burning Breast, a/k/a Jonah Jarrett Burning Breast, a/k/a Jonah Jared Burning Breast, a/k/a Jonah Jared Big Crow, age 23, was sentenced to 12 months and 1 day in custody, 3 years of supervised release, a fine of $500, forfeiture of $506, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Burning Breast was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 25, 2017.
On September 2, 2016, in Todd County, South Dakota, Rosebud Sioux Tribe Law Enforcement Services performed a traffic stop on a vehicle driven by Burning Breast. Found in the vehicle during the stop was 8 grams of methamphetamine, a Schedule II controlled substance, separated into five small plastic baggies, two scales, baggies, a torch-style lighter, and syringes, one of which was filled with methamphetamine. Burning Breast admitted that he intended to distribute the methamphetamine. Also found during the traffic stop was $506 in Burning Breast’s wallet.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.
Promise Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Promise, South Dakota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 24, 2017, by U.S. District Judge Roberto A. Lange.
Emmett Delaine Traversie, age 21, was sentenced to 57 months in custody, 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.
Traversie was indicted by a federal grand jury on October 12, 2016, for Distribution of a Controlled Substance. A Superseding Indictment was returned on March 15, 2017, charging Traversie with Conspiracy to Distribute Methamphetamine. He pled guilty on May 2, 2017.
Between June 1, 2015 and March 15, 2017, Traversie knowingly and intentionally conspired with others to distribute methamphetamine in South Dakota. Traversie admitted he received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Traversie with methamphetamine knew that he intended to engage in further distribution. Traversie admitted that more than 350 grams of methamphetamine was distributed during the course of the conspiracy.
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.
Traversie was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Rheta Haskell, a/k/a Rheta Miner, age 38, was sentenced to 16 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Haskell was indicted by a federal grand jury on January 19, 2017. She pled guilty on May 15, 2017.
The conviction stems from an incident on October 8, 2016, when Haskell approached the victim near the civil courts building in Eagle Butte. Both had been drinking previously. Haskell had heard rumors that the victim had been with Haskell’s ex-husband. When Haskell saw the victim, she told the victim to stay away from her ex-husband. The victim denied knowing what Haskell was talking about. Haskell became angry and assaulted the victim. The victim was bleeding heavily from her face and lost consciousness. As a result of the assault, the victim sustained serious injuries. She had had significant swelling and trauma to her face, orbital regions and scalp. Hospital staff were unable to visualize the right pupil due to the significant swelling to the victim’s right eye. Her left pupil floated towards the inner eye and would not look straight. Five (5) staples were used to close the laceration to the left side of her head. Due to the nature of her head injury, the victim was transported to Rapid City Regional Hospital.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Haskell was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Woman Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lynsi Bad Warrior, a/k/a Lynsi Four Bear, age 33, was indicted on July 18, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 24, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 7, 2017, Bad Warrior unlawfully assaulted an adult female with shod feet, causing serious bodily injury to the victim.
The charges are merely accusations and Bad Warrior 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.Bad Warrior was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota man convicted of Distribution of a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Smokey James Jandreau, age 40, was sentenced to 10 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, forfeiture of a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Jandreau was indicted by a federal grand jury on August 16, 2016. He pled guilty on May 16, 2017.
On three occasions between July 2, 2016, and July 24, 2016, Jandreau knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, in Eagle Butte, South Dakota.
On July 26, 2016, Jandreau came into contact with law enforcement. During a search of his residence, officers found a rifle, ammunition, and drug paraphernalia near his bedroom. Jandreau admitted owning the firearm and smoking methamphetamine. Being a drug user, Jandreau was prohibited from possessing the firearm. The firearm was seized by law enforcement and forfeited.
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.
Jandreau was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Thomas James Shan Looking Horse, a/k/ T.J. Shan Looking Horse, age 28, was sentenced to 24 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of
$100.
Looking Horse was indicted by a federal grand jury on January 19, 2017. He pled guilty on May 16, 2017.
The conviction stems from an incident on December 19, 2016, when Looking Horse was taken to the Indian Health Services Hospital in Eagle Butte by his parents. He had been acting erratically and his mother was concerned that he may be under the influence of something.When they got Looking Horse to the hospital, he became aggressive and uncooperative, so law enforcement was notified. A police sergeant with the Cheyenne River Sioux Tribe responded and attempted to rationalize with Looking Horse, telling him that hospital staff just wanted to get him checked out and get him the help he needed. Looking Horse became uncooperative while at the hospital and was placed under arrest by the police sergeant.
When the sergeant went to place handcuffs on Looking Horse, he pulled both of his arms towards his chest and asked the sergeant what he was doing. When the sergeant attempted again to place the wrist restraints on Looking Horse, he attempted to get away. The sergeant had ahold of Looking Horse’s right arm when Looking Horse grabbed the handle of the sergeant’s duty weapon with his left hand, and tried to get it out of its holster. The sergeant pushed down on his duty weapon and turned away from Looking Horse who continued to try to go for the duty weapon. Several people intervened to assist the sergeant, but Looking Horse continued his irate behavior, and was still fighting to get away. Looking Horse was ultimately taken to the ground and restrained. He continued to be uncooperative and resistive.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Looking Horse was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Charged with Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Nolan Leo Coleman, age 28, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 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 July 14, 2016, Coleman, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm which had been shipped and transported in interstate commerce and foreign commerce.
The charge is merely an accusation and Coleman 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 Jay Miller is prosecuting the case.
Coleman was released on bond pending trial which has been set for October 3, 2017.Arizona Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Arizona man convicted of Conspiracy to Distribute a Controlled Substance, Methamphetamine, was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Monte Dinehdeal, a/k/a Monte Dineh Deal, age 41, was sentenced to 120 months in custody, 5 years of supervised release, a fine of $1,000, the forfeiture of a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Dinehdeal was indicted by a federal grand jury on August 16, 2016. He pled guilty on April 25, 2017.
Between January 1, 2013 and September 17, 2015, Dinehdeal knowingly and intentionally conspired with others to distribute methamphetamine in South Dakota. Dinehdeal received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided Dinehdeal with the methamphetamine knew that he intended to engage in further distribution. Dinehdeal admitted that it was reasonably foreseeable to him that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
During the execution of a search warrant on September 17, 2015, law enforcement seized a firearm and ammunition from Dinehdeal’s pickup truck. The firearm and ammunition were subsequently forfeited.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investionation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Dinehdeal was immediately turned over to the custody of the U.S. Marshals Service.St. Francis Woman Sentenced for Possession with Intent to Distribute a Controlled Substance and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting, was sentenced on July 31, 2017, by U.S. District Judge Roberto A. Lange.
Mary Left Hand Bull, age 26, was sentenced to time served, 3 years of supervised release, a fine of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Left Hand Bull is to be on home confinement until placed in inpatient treatment.
Left Hand Bull was indicted by a federal grand jury on November 9, 2016. She pled guilty on May 31, 2017.
The conviction stems from a traffic stop that occurred on March 7, 2016, during which Left Hand Bull was found to be in possession of several baggies containing methamphetamine, a Schedule II Controlled Substance.This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.
Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Sioux Falls Man Pleads Guilty to Federal Kidnapping ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, SD, man pleaded guilty in federal court to Kidnapping.
Jon Henri Bryant, Sr., age 61, was indicted on November 9, 2016. He appeared before U.S. District Judge Karen E. Schreier on August 1, 2017, and pled guilty to the Kidnapping charge alleged in the Superseding Indictment.
The maximum penalty upon conviction is up to Life in custody, a $250,000 fine, or both, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, on October 25, 2016, Bryant forcefully and violently took a motor vehicle from the victim, who was forced by Bryant into the vehicle's trunk. The victim suffered serious bodily injury. Bryant committed the kidnapping for revenge and he transported the victim over state lines.
The investigation is being conducted by the Sioux Falls Police Department, the Minnehaha County Sheriff's Office, the Federal Bureau of Investigation, and the U.S. Marshal’s Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Bryant was returned to the custody of the U.S. Marshal's Service. A sentencing hearing has been set for October 23, 2017.Rapid City Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation and Child Abuse.
Gary Hacker, III, age 27, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Assault is up to 10 years in custody and/or a $250,000 fine, and 3 years supervised release, the maximum penalty upon conviction for Child Abuse is 15 years in custody and/or a $250,000 fine, and 3 years supervised release. Both charges could result in a $100 assessment to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on June 12, 2017, Hacker assaulted an individual with the intent to do bodily harm. The Indictment further alleges that Hacker abused, exposed, tortured, tormented, and cruelly punished a child on that date.The charges are merely accusations and Hacker is presumed innocent until and unless proven guilty.
Hacker was released on bond pending trial. A trial date has not been set.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Roger Watts, age 34, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 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 or about January 20, 2017, Watts assaulted a federal law enforcement officer.
The charge is merely an accusation and Watts is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.Watts was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Colorado Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man convicted of Sexual Contact with a Minor was sentenced on July 31, 2017, by U.S. District Judge Roberto A. Lange.
Isaac Padilla, age 24, was sentenced to 10 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Padilla was indicted by a federal grand jury on March 7, 2017. He pled guilty on April 25, 2017.
The conviction stems from an incident on February 25, 2017, when Padilla, who was intoxicated, intentionally touched the breast of a 15-year old girl through her clothing.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Padilla was immediately turned over to the custody of the U.S. Marshals Service.Sioux Falls Man Pleads Guilty to Firearms ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that Ehab Abdulmutta Jaber, age 46, of Sioux Falls, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on July 25, 2017, and pled guilty to an Indictment that charged him with Possession of Firearms by a Prohibited Person.
The maximum penalty for the offense is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Jaber was attending an event at the Hilton Garden Inn South in Sioux Falls on April 9, 2017, when security officers noticed him using his phone to take a video of the crowd. As videotaping was not allowed at the venue, security asked Jaber to leave. Jaber went to his vehicle and posted a Facebook live feed in which he pulled firearms out of his vehicle and from his person. He made statements on the feed that law enforcement believed were terroristic threats. Jaber was arrested and five firearms were seized.
Jaber admitted to law enforcement that he was addicted to methamphetamine, which makes it illegal for him to possess firearms under federal law.
The investigation was conducted by the Sioux Falls Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Criminal Chief Dennis R. Holmes.
A presentence investigation was ordered and a sentencing date has been scheduled for October 16, 2017. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Eagle Butte Woman Sentenced for TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Theft from Indian Tribal Organization was sentenced on July 24, 2017, by U.S. District Judge Roberto A. Lange.
Shanon LeCompte, a/k/a Shanon Morgan, age 41, was sentenced to 2 months in custody, followed by 2 years of supervised release, restitution in the amount of $1,805.97, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
LeCompte was indicted by a federal grand jury on January 19, 2017. She pled guilty on May 2, 2017.
LeCompte was employed by the Oriental Express in Eagle Butte in 2014 and 2015. While employed at Oriental Express, the defendant was given the business’ Personal Identification Number that allowed her to charge merchandise to Oriental Express’ account at the Lakota Thrifty Mart grocery store in Eagle Butte. LeCompte left her position at the Oriental Express and was later hired as an Assistant Manager at the Lakota Thrifty Mart, a business owned by the Cheyenne River Sioux Tribe.
The conviction stems from incidents between May 31, 2016, and October 22, 2016, when LeCompte used the Oriental Express’ Personal Identification Number to charge over $1,800.00 in merchandise at the Lakota Thrifty Mart for her own use.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
LeCompte was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault by Strangulation and Suffocation and Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 26, 2017, by U.S. District Judge Roberto A. Lange.
Allen Garreau, age 33, was sentenced to 42 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 for the Assault by Strangulation and Suffocation count. Garreau was sentenced to 18 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 for the Assault on a Federal Officer count.
Garreau was indicted by a federal grand jury on July 19, 2016. He pled guilty on April 17, 2017.On July 11, 2016, Garreau went to the apartment of Michelle Black Tail to spend time with their son. Black Tail Deer allowed Garreau inside of the apartment but he began making sexual advances towards her, which she rebuffed. Garreau became angry and assaulted Black Tail Deer. Garreau grabbed Black Tail Deer by the hair, threw her to the floor, kicked her, punched her in the face, and then began to strangle her. Black Tail Deer lost consciousness. Garreau stayed at the apartment all night. The next morning, he attempted to prevent her from going to work. Black Tail Deer was able to get away from Garreau when a co-worker came to the apartment to pick her up for work.
Black Tail Deer was taken to the hospital and the police were called. After taking a report from her, Officers with the Cheyenne River Sioux Tribe Police Department went to the apartment to make contact with Garreau. Garreau refused to open the door for the officers, and a maintenance worker had to unlock the apartment. Once inside, the officers found Garreau sitting on a bed in one of the bedrooms. He had a blanket pulled up over him and he had his arms around two small children. The officers made repeated requests for him to put the children down, to get up, and to walk out, but Garreau refused. When one of the officers attempted to approach Garreau, he told the officer that he needed to back up. The officer asked Garreau if he had anything or anything dangerous in his hands. Garreau told the officer words to the effect of “come find out.”
After several minutes of talking, Garreau stood up, showed his hands, and walked towards the officers. As the officers attempted to take him into custody, Garreau began to struggle with them. The officers were eventually able to take Garreau into custody.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Garreau was immediately turned over to the custody of the U.S. Marshals Service.St. Francis Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 25, 2017, by U.S. District Judge Roberto A. Lange.
Joseph Blue Bird, age 30, was sentenced to 10 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.
Blue Bird was indicted by a federal grand jury on September 13, 2016. He pled guilty on May 15, 2017.
The conviction stems from Blue Bird failing to register as a sex offender as required by federal law between June 16, 2016, and September 13, 2016. Blue Bird had previously been convicted of a sex offense in federal court, which requires him to register within three days of arrival in a state or upon changing his place of residence.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Blue Bird was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced on Transfer of Obscene Material ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Brandon, South Dakota, man convicted of transfer of obscene material was sentenced on Monday, July 24, 2017, by U.S. District Judge Karen E. Schrier.
Ryan Jervik, age 30, was sentenced to 6 months in custody, followed by 3 years supervised release, which includes 6 months of home confinement. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Jervik was indicted for attempted transfer of obscene material to a minor and attempted enticement of a minor using the internet by a federal grand jury on October 4, 2016. He pled guilty on April 25, 2017.
On August 29, 2016, Jervik used his cell phone to communicate with an individual he believed to be a minor female that was 13-years old. The defendant knowingly used his cell phone to transfer a digital nude photo of himself, to the individual he believed was 13-years old. Unknown to the defendant, the individual receiving the obscene images was an undercover law enforcement officer.
This case was investigated by the U.S. Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Jervik was given a date to self-surrender to the Federal Bureau of Prisons.
Sioux Falls Man Sentenced for Sexual Exploitation of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of sexual exploitation of a child was sentenced on Monday, July 24, 2017, by U.S. District Judge Karen E. Schrier.
Terance Morice Highbull, 38, was sentenced to 25 years in custody, followed by15 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Highbull was indicted for sexual exploitation of a child by a federal grand jury on February 23, 2016. He pled guilty on April 24, 2017.
On or about February 9, 2015, officers from the Sioux Falls Police Department responded to a family dispute call at the home of Highbull’s girlfriend. While at the residence, a report of naked photographs on Highbull’s cell phone was made. Police seized the cell phone and began investigating the claims. Highbull had engaged in sexual contact with his girlfriend’s 13 year-old daughter and recorded it on his cell phone.
“Sexual exploitation of a child is among the most heinous crimes we prosecute. The actions of these sexual predators can alter a child’s life forever and steal their innocence during a crucial time in their formative years. The sentence handed down to Terance Highbull is indicative of the serious nature of these acts,” said U.S. Attorney Seiler.
This case was investigated by the Sioux Falls Police Department, along with the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Highbull was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
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.
Daniel Tobacco, age 24, was indicted on July 18, 2017. Tobacco appeared before U.S. Magistrate Judge Daneta Wollmann on July 19, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Tobacco failing to register and update his registration as a convicted sex offender between May 9, 2017, and May 25, 2017.
The charge is merely an accusation and Tobacco is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Tobacco was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been not been set.
Nebraska Woman Indicted for False StatementRead the Press Release
United States Attorney Randolph J. Seiler announced that a Walthill, Nebraska, woman was charged in federal district court with False Statement.
Wehnona Stabler, age 59, was charged on June 20, 2017. She appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 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 Stabler making a false statement in January 2014 on a Confidential Financial Disclosure Report while an employee of Indian Health Service (IHS) at Pine Ridge, related to a $5,000 payment she received from Dr. Stanley Patrick Weber. Weber is currently under indictment for multiple counts of sex abuse with minors arising when he was a pediatrician at IHS Pine Ridge.
The charge is merely an accusation and Stabler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, Health and Human Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Stabler was released pending trial. A trial date has not been set.
Ellsworth Man Convicted of Child Pornography ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Colby Haggerty, 25, of Ellsworth AFB, South Dakota, was found guilty of two counts of Receipt of Child Pornography and one count of Possession of Child Pornography at the conclusion of a four-day federal jury trial in Rapid City.
The penalty is a mandatory minimum of 5 years up to 20 years of imprisonment and/or a $250,000 fine, lifetime supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution.
The conviction stems from Haggerty downloading at least 1,000 pornographic images of children, including infants, between 2009 and 2015 while living on Ellsworth Air Force Base and in Rapid City.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
A presentence investigation was ordered and sentencing will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 24, 2017, by U.S. District Judge Roberto A. Lange.
Joseph Marshall, age 38, was sentenced to 24 months in custody, followed by 5 years of supervised release, restitution in the amount of $99.65, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marshall was indicted by a federal grand jury on July 19, 2016. He pled guilty on May 2, 2017.
The conviction stems from Marshall failing to register as a sex offender as required by federal law between February 1, 2016, and March 10, 2016, and March 20, 2016, and April 10, 2016. Marshall has 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 Jay Miller prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Standing Rock Woman Pleads Guilty to MurderRead the Press Release
States Attorney Randolph J. Seiler announced that Desarae Makes Him First, age 26, of Standing Rock, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on July 20, 2017, and pled guilty to a Superseding Information that charged her with Second Degree Murder.
The maximum penalty upon conviction is up to life in custody, a $250,000 fine, a period of supervised release of 5 years. If Makes Him First is found to have violated a condition of supervised release, she may be incarcerated for an additional term of up to 5 years on any such revocation. A fine of $100 to the Federal Crime Victims Fund and restitution may also be ordered.
The charge stems from an incident between October 11, 2016, and October 12, 2016, when Makes Him First unlawfully aided and abetted in the murder of her daughter, who was five years old at the time of her death.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Troy R. Morley.
A presentence investigation was ordered and a sentencing date was set for October 30, 2017. Makes Him First was remanded to the custody of the U.S. Marshals Service pending sentencing.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Ronald Red Tomahawk, age 31, was sentenced to 12 months and 1 day in prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Red Tomahawk was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 24, 2017.
The conviction stemmed from an incident that occurred in St. Francis, South Dakota, on September 25, 2016, wherein Rosebud Sioux Tribe Police Officers were arresting Red Tomahawk on an outstanding warrant. Red Tomahawk was intoxicated and became violent with the officers as they attempted to place him in wrist restraints.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Tomahawk was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged for Failure to Register as a Sex OffenderRead the Press Release
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.
Anthony Farmer, age 33, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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.
Farmer was convicted of Abusive Sexual Contact with a Child in June 2010. As a result of this conviction, he is required to register as a sex offender. It is alleged that between May 22, 2017, and June 16, 2017, Farmer, 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 s sex offender.
The charge is merely an accusation and Farmer 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.
Farmer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with Illegally Possessing FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Colby Dean Hutchinson, age 50, was charged on February 23, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on July 14, 2017, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 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 Hutchinson, a previously convicted felon, being in possession of a .357 magnum revolver. The charge is merely an accusation and Hutchinson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennington County Sheriff’s Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Hutchinson was detained pending further hearing. A trial date has not been set.
Rapid City Man Charged for Sexually Exploiting MinorsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with four counts of Sexual Exploitation of a Minor.
Chance Garrett Williams, age 27, was charged on June 20, 2017. Williams appeared before U.S. Magistrate Judge Daneta Wollmann on July 11, 2017, and pleaded not guilty to the charges. The penalty upon conviction is 15 to 30 years of imprisonment and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Williams sexually exploiting three minor females via his cell phone between January 2012 and January 2017. The charges are merely an accusation and Williams is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce and the Rapid City Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Williams was detained pending further hearing. A trial date has not been set.
Okreek Woman Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, woman convicted of Assault by Striking, Beating and Wounding was sentenced on July 19, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Selena Chief Eagle, age 25, was sentenced to 10 months and 18 days in in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Chief Eagle was indicted by a federal grand jury on February 15, 2017. She pled guilty to a Superseding Information on May 4, 2017.
The conviction stemmed from an incident that occurred on January 10, 2017, wherein Chief Eagle assaulted her boyfriend with a knife during a domestic dispute.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Chief Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Edward Zane Roubideaux, Jr., age 26, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 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.
Roubideaux was convicted of Sexual Abuse of a Minor in November 2011. As a result of this conviction, he is required to register as a sex offender. It is alleged that between June 8, 2017, and June 23, 2017, Roubideaux, 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 Roubideaux 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.
Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Harrold Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Raynard Lee Howe, Jr., age 20, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 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 April 28, 2017, Howe forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer from the Bureau of Indian Affairs, while said correctional 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 Howe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Howe was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Robbery was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Kobe Houston, age 19, was sentenced to 12 months and a day in custody, followed by 2 years of supervised release, restitution in the amount of $1,743 to be paid on a joint and several basis with three other defendants, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Houston was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 24, 2017.
The conviction stems from an incident on July 2, 2016, when Kobe Houston, Ryker Talbot, Dominic Houston, and a juvenile discussed committing a robbery. Ultimately, the decision was made to rob the Eagle Stop. Shortly before 1:00 a.m. on Saturday, July 2, 2016, they all traveled to the vicinity of the Eagle Stop. Dominic Houston and the juvenile remained outside of the store and served as lookouts. Kobe Houston was the driver. Talbot entered the Eagle Stop carrying a Maverick 12-gauge shotgun, pointed the shotgun at the clerk and demanded money. Talbot then racked the shotgun and repeated his demand to be given money. The clerk gave Talbot money from the cash registers in the store. Talbot then demanded the clerk to give him two cartons of cigarettes. The clerk complied. Talbot then exited the store with the cash and cartons of cigarettes. All three of them then returned to the car and they left the scene. They later split up the proceeds acquired in the robbery.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Division of Criminal Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Kobe Houston was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Kirk Johnson, age 48, was sentenced to 90 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.
Johnson was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 25, 2017.
The conviction stems from an incident on January 9, 2017, when the victim was leaving his home in Dupree, South Dakota, to go to work. When he exited his house, he saw a gray car parked out front. Kirk Johnson and another individual were arguing. Johnson approached the victim and accused him of sleeping with his wife. The victim told Johnson that was not true. Johnson threatened to kill the victim, his fiancée, and his children. Johnson pointed the gun at the victim’s face, pointed it downward and shot at the ground 6 or 8 times around the victim’s feet, pistol-whipped the victim behind his left ear and then left on foot.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Brookings Man Sentenced in Heroin and Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Brookings, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine and 100 grams or more of heroin was sentenced on July 17, 2017, by U.S. District Judge Karen E. Schreier.
Luis Rolando Cabrera, age 20, was sentenced to 188 months in prison to be followed by five years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.
Cabrera was indicted for the offenses by a federal grand jury on September 7, 2016. He pled guilty on April 12, 2017.
The investigation of Cabrera began when a package containing over two pounds of heroin was intercepted by law enforcement. The package was subsequently linked to Cabrera. A day later, law enforcement intercepted another package connected to Cabrera that contained approximately five pounds of methamphetamine.
This case was investigated by the Watertown Police Department, the Brookings Police Department, the Brookings County Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Cabrera was remanded to state custody to finish serving a prison sentence, and will immediately be turned over to the custody of the U.S. Marshals Service to begin serving his federal sentence once he has finished his state sentence.
Pierre Woman Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Adele Tahsequah, age 34, was charged by criminal complaint on June 28, 2017 and indicted on July 6, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 10, 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 on June 21, 2017, Tahsequah knowingly and intentionally possessed with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charge is merely an accusation and Tahsequah is presumed innocent until and unless proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Tahsequah was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wakpala Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance, was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Brooke Malenia Ducheneaux, age 31, was sentenced to 48 months in custody, followed by 3 years of supervised release, a fine of $500, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Ducheneaux was indicted by a federal grand jury on January 19, 2017. She pled guilty on April 17, 2017.
Between the March 1, 2014, and January 19, 2017, Ducheneaux knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota. Ducheneaux received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Ducheneaux with methamphetamine knew that she intended to engage in further distribution. Ducheneaux admitted that more than 350 grams of methamphetamine was distributed during the course of the conspiracy.
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.
Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.
Tribal District Vice-Chair Appears in Federal Court for Embezzlement ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lacreek District Vice-Chair has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Charles Leo Cummings, 57, of Martin, South Dakota, was indicted on June 20, 2017. He made his initial appearance before U.S. Magistrate Judge Daneta Wollman on July 7, 2017, and pled not guilty to the indictment.
The maximum term of imprisonment upon conviction is up to 5 years, and/or a $250,000 fine, a period of 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between December 28, 2015, and January 18, 2016, Cummings did willfully and knowingly embezzle, steal, misapply, and convert to his own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Oglala Sioux Tribe.
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.
Eagle Butte Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Third Degree Burglary was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Daniel LeBeau, age 31, was sentenced to 14 months in custody, followed by 3 years of supervised release, $3,745.00 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
LeBeau was indicted by a federal grand jury on November 9, 2016. He pled guilty on April 17, 2017.
The conviction stems from an incident that happened between June 2, 2016, and June 13, 2016. LeBeau, who had been drinking alcohol with a friend, entered the victim’s home after parting company with his friend. The structure was in the process of being remodeled and was unoccupied. Once inside, he saw boxes of flooring and a toolbox. LeBeau removed several items from the structure. The total value of the listed property stolen was $2,360.00. There was also $50.00 in damage to the home. Some of the stolen property was recovered by law enforcement.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
LeBeau was immediately turned over to the custody of the U.S. Marshals Service.
Two Eagle Butte Men Charged with Firearm ViolationsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Unlawful Possession of Firearms and Ammunition.
Colten Walker Dolphus, age 30, and Elliot Tiger, age 27, were indicted on June 14, 2017. Dolphus appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2017, and Tiger appeared on June 22, 2017. Both men pled not guilty to the Indictment.
The maximum penalty upon conviction for each individual is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, forfeiture of the firearms and ammunition, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 9, 2016, Dolphus and Tiger unlawfully received and possessed firearms, which had been shipped and transported in interstate and foreign commerce, because Dolphus had previously been convicted of a misdemeanor crime of domestic violence and, both Dolphus and Tiger were users of, and addicted to, a controlled substance.
The charges are merely accusations and Dolphus and Tiger are presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Dolphus and Tiger were released on bond pending trial. Trial is scheduled for August 22, 2017.
Rapid City Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid CityRapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Vinton, age 41, was sentenced to 135 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Vinton was charged on October 18, 2016, and pleaded guilty on March 17, 2017. The charge relates to Vinton receiving and possessing child pornography from July 21 to July 23, 2016.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Vinton was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Dill, age 42, was sentenced to 6½ years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Dill was charged on November 3, 2015, and pleaded guilty on March 17, 2017. The conviction stems from Dill receiving and possessing child pornography from March 21 to April 8, 2015.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Dill was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Trevor Red Bird, age 28, was sentenced to 14 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.
Red Bird was indicted by a federal grand jury on March 15, 2017. He pled guilty on April 17, 2017.
Red Bird was convicted of Abusive Sexual Contact With a Minor in U.S. District Court in May 2008. As a result of this conviction, Red Bird is required to register as a sex offender. Between September 15, 2016, and November 8, 2016, Red Bird failed to reside at his registered address and did not properly update his sex offender registration, as required by law.
This case was investigated by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Tracy Peters, age 51, was sentenced to 6 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peters was indicted by a federal grand jury on November 9, 2016. He pled guilty on April 17, 2017.
The conviction stems from an incident on November 3, 2016. Tracy Peters went with his girlfriend to the Legion Club and the Golden Rule Bar in Eagle Butte to drink and socialize. Both of them became extremely intoxicated. After leaving the bar, they returned to the Cheyenne River Motel where Peters was living. The two of them began arguing before they got back to the motel. While she was still in the car, Peters struck the victim in the face. The victim sustained substantial cuts to her face that required stitches.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Peters was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 5, 2017, by U.S. District Judge Charles B. Kornmann.
Richard Cadotte, age 55, was sentenced to 34 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 is being left open for 90 days.
Cadotte was indicted by a federal grand jury on October 14, 2015. He filed a Petition to Plead Guilty on October 26, 2016.
The conviction stems from an incident on September 19, 2015, when the victim was driving a tan vehicle down the water tower road near Wakpala, South Dakota, and struck a cow. As the victim was exiting his vehicle, Cadotte approached the scene, driving an older model blue car. The victim began to approach the vehicle and Cadotte stepped out, but then got right back into his vehicle. The victim then approached Cadotte’s car, jumped on the hood, and began to strike the windshield. Cadotte drove away, trying to shake the victim off the vehicle.
The victim fell from the vehicle, got back on his feet and began to return to his own vehicle. Cadotte turned around in his vehicle and accelerated towards the victim, striking him with the front of the vehicle. The victim flipped through the air, landing on the road way. Cadotte then proceeded to a near-by residence, dropped someone off, and left the area. A witness drug the victim off the road, fearing Cadotte intended to run him over again.
A sergeant and a patrol officer inspected the outside of the blue car, which had been stopped previously. A red substance was observed on the front grill, drivers head lights, windshield, and roof of the car.
As a result of this incident, the victim suffered two broken legs.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Cadotte has been allowed to self-report to the custody of the U.S. Marshals Service by July 25, 2017.
Mission Man Sentenced for Drug PossessionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on June 27, 2017, by U.S. District Judge Roberto A. Lange.
Jeremy Joseph Douville, age 21, was sentenced to 6 months in custody with credit for time served, 1 year of supervised release, forfeiture of $2,281.91, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $25.
Douville was indicted by a federal grand jury on December 20, 2016. He pled guilty on May 3, 2017.
On December 6, 2016, Douville, knowingly and intentionally possessed marijuana, a Schedule I controlled Substance, in South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Douville was released following sentencing.
Lake Andes Man Charged in Two Indictments with Sexual Abuse of Two Children Appears in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man has been charged in two separate indictments by a federal grand jury for Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, and Felony Child Abuse and Neglect.
Wendell Clark Archambeau, Jr., age 36, was indicted on July 6, 2017. He appeared before U.S. Magistrate Judge Veronica L. Duffy and pled not guilty to the Indictments.
For each of the sexual abuse charges, 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. Because the felony child abuse and neglect charges involve victims who were different ages, the maximum penalty is 10 years in one case and 15 years in the other.
According to the first Indictment, between the winter and spring months of 2016, Archambeau engaged in a sexual act with a child under twelve years old. He also engaged in abusing the same child.
According to the second indictment, Archambeau engaged in two instances of sexual contact with a child under twelve years old. This conduct took place in 2013. He also engaged in abusing the same child.
The charges are merely accusations and Archambeau is presumed innocent until and unless proven guilty.
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.
Archambeau was ordered detained pending trial. A trial date relating to the first indictment has been set for August 1, 2017. A trial date regarding the second indictment has been set for September 12, 2017.
Mission Female Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, female convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.
Yolanda Prue, age 32, was sentenced to a 12 month split sentence, with 3 months in custody and 6 months of home confinement and treatment, 3 years of supervised release, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Prue was indicted by a federal grand jury on December 14, 2016. She pled guilty on April 11, 2017.
The conviction stemmed from an incident on May 3, 2016, when a Rosebud Sioux Tribe officer initiated a traffic stop of the vehicle, but the vehicle did not come to a stop. It pulled over two different times but began driving again.
Once the vehicle finally stopped, a search of the vehicle was performed and a digital scale and several syringes were found. Prue admitted the scale was hers, and admitted to using the scale for meth. She also admitted she had meth in several baggies on her person. Prue admitted she packaged the baggies as ¼ gram each and was selling them.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Prue was immediately turned over to the custody of the U.S. Marshals Service.
Sisseton Man Found Guilty of FraudRead the Press Release
United States Attorney Randolph J. Seiler announced today that Keith Hagen, age 49, of Sisseton, South Dakota, was found guilty of several counts of fraud by a federal jury on June 28, 2017.
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.
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 they defrauded producers out of over $200,000.
Each count has a maximum sentence of 20 years in prison and/or a $250,000 fine, 3 years of supervised release, restitution, and $100 to the Federal Crime Victims Fund.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Holy Bull, age 33, also of Sisseton, South Dakota, pled guilty to the conspiracy charge and will be sentenced on October 30, 2017. Hagen will be sentenced October 16, 2017.
Rapid City Man Sentenced for Role in Child’s DeathRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Misprison of a Felony was sentenced on June 20, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mitchell Lee Wisecarver, age 44, was sentenced to time served of 17.5 months, 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Wiscarver was charged on September 15, 2015, and pleaded guilty on March 3, 2017. The conviction stems from Wiscarver covering up for his wife, Lori Wisecarver, and allowing the continued physical abuse of a young boy from October 2014 to February 2015. 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.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 28, 2017, by U.S. District Judge Roberto A. Lange.
Benjamen T. Flute, a/k/a Benjamin T. Flute, age 38, 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.
Flute was indicted by a federal grand jury on January 19, 2017. He pled guilty on April 11, 2017.
Flute was convicted of Second-Degree Rape in Caddo County, Oklahoma, in December 2007. 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. In November 2016, Flute moved to Mission, South Dakota, but did not update his registration. He was arrested by Rosebud Sioux Tribe Law Enforcement Services on December 15, 2016, and charged with failure to register as a sex offender in Rosebud Sioux Tribal Court. He subsequently bonded out of jail, but did not update his registration.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.