District of South Dakota

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute a controlled Substance was sentenced on May 16, 2017, by U.S. District Judge Roberto A. Lange.

Shaun Adam Espino, age 44, was sentenced to 121 months in custody, followed by 4 years of supervised release, a fine of $1,000, forfeiture of $7,682 in U.S. currency and two firearms, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Espino was indicted by a federal grand jury on March 15, 2016. He pled guilty on February 7, 2017.

Beginning in January of 2015, and continuing through March of 2016, Espino knowingly and intentionally conspired with others to distribute between 500 and 1,500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Espino admitted that he received distributable quantities of methamphetamine from others who knew that he intended to engage in further distribution, and that he provided methamphetamine to others knowing that they intended to further distribute it. Found in Espino’s residence during the execution of a search warrant were 73 grams of methamphetamine, $7,682 in U.S. currency, a pistol, and a shotgun.

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

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

United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, woman convicted of Theft of a Postal Money Order was sentenced on May 18, 2017, by U.S. District Judge Charles B. Kornmann.

Lucenda Bobtail Bear, age 35, was sentenced to 8 months in custody, followed by 3 years of supervised release, $275 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bobtail Bear was indicted by a federal grand jury on September 13, 2016. She pled guilty on January 6, 2017.

The conviction stems from an incident sometime between May 1, 2016, and June 20, 2016, when Bobtail Bear entered the Little Eagle Post Office and stole two postal money orders. The postal money orders were for the amounts of $165 and $110. The payee portion was left blank. At no time did Bobtail Bear tender payment to the U.S. Postal Service for these money orders.

Subsequently, Bobtail Bear went to a local pawn shop and purchased two small items from the pawn shop owner. She filled the name of the payee and received the two items she purchased and $245 dollars in change. Bobtail Bear then left the store with her items and cash.

This case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Kidnapping and Assault of a Dating Partner by Strangulation and Suffocation.

Chadwick Alex Harrison, age 21, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on May 25, 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, 5 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 13, 2017, Harrison willfully and knowingly seized, confined, inveigled, decoyed, kidnapped, abducted and carried away his dating partner against her will. The Indictment also alleges that on February 12, 2017, and February 13, 2017, Harrison unlawfully assaulted the same victim by strangling and suffocating her, and attempted to do so.

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

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

Harrison was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 2, 2017.

United States Attorney Randolph J. Seiler announced that a Faith, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.

Roy Antrim, age 40, was sentenced to 121 months in custody, followed by 5 years of supervised release, a fine of $7,500, forfeiture of $9,301 in U.S. currency and fourteen firearms, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Antrim was indicted by a federal grand jury on June 14, 2016. He pled guilty on February 21, 2017.

Beginning in September of 2015, and continuing through June of 2016, Antrim knowingly and intentionally conspired with others to distribute between 1.5 and 5 kilograms of methamphetamine, a Schedule II Controlled Substance, in South Dakota.

Antrim admitted to receiving distributable quantities of methamphetamine and distributing it to others within South Dakota. Antrim also admitted to possessing fourteen firearms, and having firearms in his possession while distributing methamphetamine. Antrim further admitted to being involved in the distribution of methamphetamine with Kristina Lofton of Eagle Butte, South Dakota, who was convicted of conspiracy to distribute methamphetamine and sentenced in January of 2017.

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

Antrim 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 and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Julian Navarro, age 30, was indicted on May 23, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 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 May 18, 2017, Navarro assaulted his intimate partner with a dangerous weapon, a bar, causing her substantial bodily injury.

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

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

Navarro 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 was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, as a result of a federal jury trial in Pierre, South Dakota, on May 24, 2017.

Andrew Frost, age 20, was indicted by a federal grand jury on October 12, 2016, and April 12, 2017.

The charges relate to an incident which occurred on June 25, 2016, when Frost allegedly assaulted two male victims, one of which sustained serious bodily injury and the other was assaulted with a dangerous weapon.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Assaulting Federal Officers and Discharging a Firearm During and in Relation to a Crime of Violence was sentenced on May 22, 2017, by U.S. District Judge Roberto A. Lange.

Linn Jacob Cross Dog, III, age 23, was sentenced to 240 months in prison, followed by 5 years of supervised release, restitution in the amount of $840.60, and a special assessment to the Federal Crime Victims Fund in the amount of $300.

Cross Dog was indicted by a federal grand jury on May 17, 2016. He pled guilty on March 7, 2017.

The conviction stems from a series of events that occurred in May 2016 on the Rosebud Sioux Indian Reservation. At approximately 1:00 a.m., on the morning of May 11, 2016, a Rosebud Sioux Tribe Police Officer initiated a traffic stop of a vehicle with a headlight out near Parmelee, South Dakota. While the officer was speaking to the driver outside of the vehicle, a second officer arrived and walked a drug detector canine around the vehicle. canine alerted to a rear passenger door of the vehicle. Cross Dog, who had been seated in a passenger seat, climbed into the driver’s seat and told the remaining passengers, two women and two small children, that they were coming with him. He then drove away. While he was driving, Cross Dog produced a handgun, brandished it at the passengers, and put the gun in his mouth.

The police officers pursued Cross Dog’s vehicle at speeds up to 90 mph. After several minutes, Cross Dog turned onto a gravel road and stopped. He exited the vehicle and fled on foot with the handgun. The officers pulled up and continued their pursuit on foot. One of the officers eventually caught up to Cross Dog, who was ignoring commands to stop, and struck Cross Dog with his baton. Cross Dog turned and fired his handgun at the officer, wounding the officer in the forearm. The officers returned fire, but could not locate Cross Dog in the thick brush where he was hiding. Unable to see Cross Dog, the officers withdrew and sought medical attention for the wounded officer. Cross Dog escaped on foot. The wounded officer was taken by ambulance to Cherry County Hospital in Valentine, Nebraska, and then by air ambulance to Rapid City Regional Hospital in Rapid City. As a result of the shooting, he suffered life-threatening blood loss and a shattered ulna.

On May 12, 2016, Cross Dog was charged by criminal complaint in U.S. District Court with Assault with a Dangerous Weapon, and a warrant was issued for his arrest.

On May 13, 2016, law enforcement received information that Cross Dog was at a house in Parmelee, and went there to arrest him. Agents from the Federal Bureau of Investigation and the U.S. Marshals Service entered the house behind a ballistic shield and located Cross Dog sleeping in a bedroom, with his hand on a handgun. Cross Dog ignored commands to show his hands and not move, and instead turned over in the bed and put his hand between the bed and the wall. Believing Cross Dog was reaching for a gun, the agents rushed forward and pinned Cross Dog to the bed. Cross Dog was subsequently arrested. A loaded handgun, which was later determined to be the same gun he shot the police officer with, was found in his possession. Cross Dog, who had been awake and injecting methamphetamine for six days straight prior to shooting the police officer, will also forfeit ownership of the handgun as part of his sentence.

The case was investigated by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Numerous additional agencies were involved in the search for Cross Dog between May 11 and 13, 2016, including the Bureau of Indian Affairs, Rosebud Sioux Tribe Game, Fish and Parks Department, South Dakota Highway Patrol, South Dakota National Guard, South Dakota Division of Criminal Investigation, Mellette County Sheriff’s Office, Stanley County Sheriff’s Office, and the Pierre Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced on May 18, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

James Lawrence Shangreaux, Sr., age 34, was sentenced to 10 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Shangreaux was charged on November 3, 2015, and pleaded guilty on January 3, 2017. The conviction stems from Shangreaux’s neglect of his minor son at Pine Ridge.

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 Megan J. Poppen prosecuted the case.

Shangreaux 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 Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 22, 2017, by U.S. District Judge Roberto A. Lange.

Heather DuBray, age 46, was sentenced to time served in custody since the date of the offense through June 2, 2017, followed by 4 months home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

DuBray was indicted by a federal grand jury on December 14, 2016. She pled guilty on March 7, 2017.

The conviction stems from an incident that occurred on November 7, 2016. On that date, DuBray was in custody in the Rosebud Adult Correctional Facility, Rosebud, South Dakota, and had been placed in an observation cell. She became combative and began throwing things. Corrections officers removed her from the observation cell and placed her in a restraint chair, at which point she struck two of the officers and spit on one of them.

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 23, 2017, by U.S. District Judge Roberto A. Lange.

Jacob McCloskey, age 19, was sentenced to 24 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. As a condition of supervised release, McCloskey was also ordered to perform 80 hours of community service. Restitution may also be ordered.

McCloskey was indicted by a federal grand jury on August 16, 2016. He pled guilty on March 7, 2017.

The conviction stems from an incident that occurred on April 7, 2016, near Lakeview, in Todd County, South Dakota. McCloskey, then age 18, invited a group of friends, including the 17-year-old victim, to his home after school that day. At one point, the victim picked up a loaded .22 caliber long rifle that was sitting in the corner in a bedroom and asked if it was a BB gun. The victim was unfamiliar with firearms and loaded a round into the chamber. McCloskey then walked into the room, took the rifle from the victim, and removed the ammunition from the rifle. Believing the rifle was now unloaded, McCloskey pointed it at the victim and playfully asked if the victim wanted to be shot. The victim jokingly agreed. McCloskey then pointed the rifle at the victim’s forehead and pulled the trigger. The rifle discharged, fatally wounding the victim. McCloskey immediately called 911 and requested an ambulance. He told the other juveniles who were present to lie and say the rifle had discharged accidentally.

When law enforcement arrived, McCloskey falsely stated that the rifle had discharged accidentally after the victim had set it down. McCloskey subsequently admitted that he had pointed the rifle at the victim and pulled the trigger. He also admitted to telling the other juveniles who were present to lie about what happened.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Child Abuse.

Carlin Jimi Jewett, Jr., a/k/a Jimmy Jewett, Jr., age 36, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on March 31, 2017, Jewett unlawfully assaulted two juvenile females with a knife. Because they victims are under 18 years of age, two counts of Child Abuse were filed in addition.

The charges are merely accusations and Jewett 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.

Jewett 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 Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Colton White Feather, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 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, 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 July 29, 2016, White Feather unlawfully assaulted an adult female with a mop handle, causing serious injuries to her.

The charges are merely accusations 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 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 has been indicted by a federal grand jury for Assault with a Dangerous Weapon.

Acey Brown, age 41, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on March 4, 2017, Brown assaulted an adult male with shod feet, with the intent to do bodily harm to the victim.

The charge is merely an accusation and Brown 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.

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

DETROIT – A leader of the Band Crew street gang was recently sentenced to nearly 20 years in prison for his role in gang-related attempted murders, robberies, and shootings. An associate of the Band Crew street gang was also sentenced to nearly seven years in prison for his role in the gang’s criminal activities. Corey Deandre Mapp, a/k/a Lil Corey, 23, and Mario Perkins, a/k/a Rio, both of Detroit, were sentenced following their guilty pleas to RICO conspiracy, assault with a dangerous weapon in aid of racketeering, and use and carry of a firearm during and in relation to a crime of violence. Mapp and Perkins both pleaded guilty in late 2016, before Chief U.S. District Judge Denise Page Hood of the Eastern District of Michigan.

Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, and Chief James Craig of the Detroit Police Department made the announcement.

“These convictions and sentences are particularly important since Mr. Mapp was a leader of the gang, participated in shootings, and encouraged this violence to occur, which included Mr. Perkins participation in gang-related shootings and violence” said Acting U.S. Attorney Lemisch. “We believe these sentences send a strong message of deterrence to those who may want to pursue the gang lifestyle.”

“These sentences are the culmination of countless hours of dedicated work by ATF agents and our law enforcement partners,” said Special Agent in Charge Shoemaker. “ATF will continue to aggressively target and dismantle criminal enterprises threatening the safety of Detroit’s citizens.”

According to court documents, Band Crew was an association comprised of smaller gangs, including Constantly Making Hundreds (CMH), Young N Crispy (YNC), Pushit (or Pusha) Boy Family (PBF), and Family Over Everything Love is Forever (FOE Life). Band Crew operated in northwest Detroit, and the gang’s members claimed this area as their territory by “tagging” buildings with gang-related graffiti, including markings such as “#22 BandCrew,” “BAND CREW,” “22 BAND CREW,” “YNCMH” and “PBF.” Band Crew members and associates worked to defend their territory, to promote and maintain the status and reputation of the gang, and to engage in or threaten violence in retaliation for perceived wrongs. Band Crew’s specific base of operation in northwest Detroit was in the area in and around Seven Mile Road, with Southfield Freeway to the west, West McNichols Road to the south, Eight Mile Road to the north, and Greenfield Road to the east. The gang members claimed this area as “Band Crew Territory.”

Mapp, Perkins, and their co-defendants were responsible for a multitude of crimes that took place in and around Northwest Detroit. Mapp and Perkins, according to plea agreements and court documents, directly participated or encouraged acts of assault with intent to murder, home invasions, aggravated assaults, shootings in public places, drug dealing, and robberies. Mapp’s criminal conduct spanned the duration from Band Crew’s inception until he and his co-defendants were arrested in the fall of 2015.

All defendants charged in the indictment have been convicted. In addition to Mapp and Perkins, six other members, leaders, and associates of the Band Crew, all of Detroit, have pleaded guilty to charges related to racketeering, assault a dangerous weapon in aid of racketeering, or other weapons offenses. The remaining Band Crew members are scheduled to be sentenced over the next three months.

A very important component to the federal prosecution was earlier successful state prosecutions by the Wayne County Prosecutor’s Office of a number of Band Crew members for specific violent state felony offenses that served as a foundation to the federal Racketeering Conspiracy.

The arrests and convictions in this case are, in part, the result of the Detroit One Initiative, a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. Through the lead efforts of the Comprehensive Violence Reduction Partnership Task Force, which consists of representatives of the ATF, Detroit Police Department, Michigan State Police, Michigan Department of Corrections and FBI, law enforcement authorities linked various acts of violence in Detroit to the Band Crew street gang, and identified the leaders and key members of the gang, who now have been held accountable. This prosecution was also part of a larger coordinated effort to address ongoing gang violence in Northwest Detroit. During the time of the Band Crew investigation, federal law enforcement and the U.S. Attorney’s Office also investigated, prosecuted, and convicted members of the RTM street gang, chief rival to the Band Crew.

The ATF and Detroit Police Department investigated the case. Assistant U.S. Attorney John N. O’Brien of the Eastern District of Michigan and Assistant U.S. Attorney Jeremy R. Jehangiri of the District of South Dakota prosecuted the case.

United States Attorney Randolph J. Seiler announced today that five current and former executives of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District in South Dakota pled guilty in federal court on May 5, 15, and 18, 2017. The guilty pleas were to charges that include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization.

The federal case against these tribal executives was part of an initiative branded as The Guardians Project – a multi-agency law enforcement operation designed to investigate, uncover, disrupt, and prosecute public corruption, theft, and federal program fraud taking place on tribal lands in South Dakota.

The four defendants whom pled guilty on May 15 and 18 are as follows:

Carrie Godfrey, 49, of Sisseton, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.

Gerald German, Jr., 44, of Peever, was Chairman of the District Executive Board from January 2007 through January 2015.

Gerald Heminger, Jr., 56, of Sisseton, was Vice Chairman of the District Executive Board from January 2007 to January 2011.

Colette White, 55, of Peever, has been Treasurer of the District Executive Board since January 2011.

These four defendants appeared before U.S. District Judge Charles B. Kornmann in Aberdeen, and each pled guilty to a felony charged in the Indictment. According to plea documents relating to Godfrey, German, Heminger, and White, from approximately June 2010 through March 2013, the four defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe (“Tribe”), an Indian Tribal organization. These defendants joined the agreement knowing its illegal purpose, and they conspired with each other and others. The Big Coulee District (“District”) is a political subdivision of the Tribe. These defendants are current or former executive board members of the District, and, during the conspiracy, they stole a total of $81,542.50 from the District.

The fifth defendant, Calvin Max, Sr., 48, of Sisseton, has been Vice Chairman of the District Executive Board since January 2011. Max pleaded guilty on May 5, 2017, to a felony count alleged in a separate indictment.

While Max’s plea agreement encompasses his conduct in the Big Coulee conspiracy, he also admitted to his role in stealing government property. Specifically, from approximately Feburary 2013 and through July 2013, Max and Gregory Meide, a separately convicted defendant, knowingly embezzled, stole, purloined, and converted to their own use money from the Federal Emergency Management Agency (FEMA). FEMA is an agency of the United States, and Max and co-defendant stole over $7,000 from FEMA’s Hazard Mitigation Grant program, by overbilling the program and then using the funds for their own purposes.

As to Godfrey, German, Heminger, and White, the maximum term of imprisonment is up to 5 years in custody for Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization. As to Max, the maximum term of imprisonment is up to 10 years in custody for Theft of Government Property. Each of the five defendants also faces the maximum penalties of a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

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

Ann German, 57, of Peever, who is currently the Big Coulee District Coordinator, is scheduled for a hearing before the Court on May 30.

The Guardians Project

The mission of The Guardians Project is to coordinate law enforcement efforts between these agencies to ensure the collaboration of forces, assets, and responsibilities, 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.

Since its inception in December 2015, The Guardians Project’s participants have dedicated efforts toward myriad investigations across the state, and those efforts have resulted in the opening of 29 investigations, the filing of 8 indictments naming 21 defendants, and the convictions of 14 defendants to date. Six of the indicted defendants are currently pending trial, and one defendant is scheduled to plead guilty. The Guardians Project is designed to enhance federal law enforcement efforts by uniting the expertise and resources of the participating thirteen federal investigative agencies. The agencies include:

Federal Bureau of Investigation

Department of Interior, Office of Inspector General

Department of Health and Human Services, Office of Inspector General

Social Security Administration, Office of Inspector General

Internal Revenue Service, Criminal Investigation Division

Department of Agriculture, Office of Inspector General

Department of Transportation, Office of Inspector General

Department of Education, Office of Inspector General

U.S. Postal Inspector Service

U.S. Postal Service, Office of Inspector General

Department of Housing and Urban Development, Office of Inspector General

Department of Justice, Office of Inspector General

United States Attorney’s Office, District of South Dakota

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 agency’s locally listed telephone number.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Wire Fraud and Making and Subscribing a False Tax Return was sentenced on May 19, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Mike Lundy, a/k/a Barkley J.W. Lundy, age 68, was sentenced to 5 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund, $1,368,671.96 in restitution to victims, and $257,399.00 in restitution to the Internal Revenue Service.

Lundy was charged on February 7, 2017, and pleaded guilty on February 14, 2017. The conviction stems from Lundy, a registered investment advisor, encouraging clients to invest in a company called Associates Investments, which he claimed offered investments in municipal bonds or other types of securities. Numerous victims provided Lundy a total of $4,247,123.19. Associates Investments was not an actual investment firm, but rather Lundy took the investors’ money and deposited it into a checking account solely controlled by him. Despite leading the victims to believe he was investing the money provided to him and Associates Investments, the monies were never invested. Although some investors received payments on their investments, those payments were largely funded with incoming money fraudulently obtained from new investors. Lundy also used a portion of the monies for his own personal expenses such as a mortgage, vacations, a car, and remodeling projects. During the years in which Lundy was fraudulently running his scheme, he underreported his income to the Internal Revenue Service.

This case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Body Armor by a Violent Felon was sentenced on May 18, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Eric William Ladeaux, age 30, was sentenced to 20 months of imprisonment, followed by 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Ladeaux was charged on October 20, 2015, and pleaded guilty on January 6, 2017.

The conviction stems from Ladeaux leading law enforcement on a high-speed chase and, after his arrest, was found to be wearing a ballistic vest. As a previously convicted felon, it is illegal for Ladeaux to possess body armor.

This case was investigated by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Ladeaux 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, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 16, 2017, by U.S. District Judge Roberto A. Lange.

Justin H. Black Moon, age 27, was sentenced to 18 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.

Black Moon was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 21, 2017.

The conviction stems from an incident that occurred on October 15, 2016, wherein Black Moon was confronted by a man at a public event in Rosebud, South Dakota. Black Moon assaulted and repeatedly struck the man, causing nasal and orbital bone fractures, which required hospitalization.

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

Black Moon 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, woman convicted of Distribution of a Controlled Substance, was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.

Jorie Malcolm Cavanaugh, age 27, was sentenced to 6 months of home confinement at her parent’s home in Eagle Butte, or at another home or shelter outside of the Cheyenne River Sioux Tribe Indian Reservation, to commence within 30 days of the Court’s Judgment Order. She also received 4 years of probation, a $500 fine, and the $100 mandatory special assessment to the Federal Crime Victims' Fund.

Cavanaugh was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 21, 2017.

Cavanaugh admitted to distributing methamphetamine, a Schedule II Controlled Substance, on three occasions in Eagle Butte; twice on July 7, 2016, and once on July 8, 2016.

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

Cavanaugh was released following sentencing.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Perjury, False Declaration Before a Court, and Criminal Contempt.

Demi Marie Gunville, age 24, was indicted on May 16, 2017. She appeared before U.S. Magistrate Judge Veronica L. Duffy on May 18, 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 up to $210 to the Federal Crime Victims’ Fund. Restitution may also be ordered.

The Indictment alleges that on January 27, 2017, Gunville, after having taken an oath before a competent tribunal, to testify truthfully, made false statements to a U.S. Magistrate Judge. The Indictment also alleges that Gunville willfully and unlawfully disobeyed and resisted a process, order, decree, and command of the U.S. District Court, in that she failed to comply with an order and command issued by a U.S. Magistrate Judge.

The charges are merely accusations and Gunville 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 SaraBeth Donovan is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Bismarck, North Dakota, man convicted of Receipt of Images Depicting the Sexual Exploitation of Minors, was sentenced on May 17, 2017, by U.S. District Judge Ralph R. Erickson, in Fargo, North Dakota.

Michael David Rivera, age 30, was sentenced to 7 years in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and a $2,500 special assessment to the Domestic Trafficking Victims’ Fund.

Rivera was indicted by a North Dakota grand jury on October 6, 2016. The U.S. Attorney’s Office, District of South Dakota, handled prosecution of the case after the U.S. Attorney’s Office, District of North Dakota, recused itself from the matter. Rivera pled guilty on January 26, 2017.

“It is appropriate that this former federal law enforcement officer faced a federal judge in North Dakota for his offenses. This case proves that no one is above the law, including those federal officers who have previously sworn an oath to protect and serve our nation,” said Seiler. “Here, the U.S. Attorney’s Office for the District of North Dakota followed approved Department of Justice procedures to resolve any conflict or the appearance of impropriety it might have had, based upon its prior work alongside this disgraced officer. Appropriate steps were taken, as is done in every case, regardless of who the defendant is, to see that justice is done.” Seiler also commended the federal judiciary in Bismarck, which took steps to transfer the case to Fargo, since Rivera had a working relationship with courthouse employees in Bismarck.

The charge stems from the following facts:

In June 2016, Bismarck and other North Dakota state and federal law enforcement officers learned that Rivera, then a Deputy U.S. Marshal who worked at the federal courthouse in Bismarck, had been surreptitiously recording a variety of women, including juveniles, while they were in fitting rooms or in other parts of area stores. Some of the surreptitious recordings captured women and minors in various states of undress while they were in fitting rooms provided by local stores. Officers obtained search warrants to search Rivera’s Bismarck apartment, his vehicle parked at the federal courthouse in Bismarck, and his person, and to particularly look at any digital or computer media found at those locations. At his apartment, officers seized a computer that was password protected. Rivera was arrested on state charges related to the surreptitious recording of the adult and juvenile females, which were separately handled by in state court by authorities in Burleigh County, North Dakota.

Officers searched Rivera’s computer and found downloaded videos and images, including 36 or more pictures of child pornography and 52 or more videos of child pornography. A review of some of the downloaded videos, as a brief sample, included the sexual abuse of children, including toddlers and other children in the age range of 6 to 11. About 52 child pornography files, including mostly videos, were found in a user directory labeled “Michael” on Rivera’s computer.

The search also revealed artifacts in bookmarks, cache records, web history, and web visits. Some of those internet artifacts are commonly associated with child pornography and voyeur search artifacts. Internet access logs on the computer indicate some of the child pornography was received and accessed by Rivera between April 2016 and June 2016, in the District of North Dakota. The internet was used by Rivera to access visual depictions of minors engaging in sexually explicit conduct.

Rivera no longer is employed with U.S. Marshals Service.

The investigation was conducted by the Department of Homeland Security Homeland Security Investigations, Bismarck Police Department, North Dakota Crime Bureau’s Internet Crimes Against Children Task Force, and the Office of the Inspector General for the U.S. Department of Justice. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the U.S. Attorney General and U.S. Attorney Seiler. Based upon the request of the parties, Rivera was remanded back to state authorities to face his state court sentencing later this summer.

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

James Nault-Hart, age 29, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 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 at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between September 12, 2016, and October 5, 2016, Nault-Hart, who previously had been convicted of Sexual Assault of a Child, knowingly failed to register and update his registration with the Sex Offender Registration and Notification Act.

The charge is merely an accusation and Nault-Hart 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.

Nault-Hart 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 Rapid City, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 12, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Roger Janis, age 47, was sentenced to 60 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Janis was charged on June 14, 2016, and pleaded guilty on September 9, 2016. The conviction stems from Janis, while under the influence of alcohol, running over a five-year-old child with his pickup at Pine Ridge, causing the boy’s death.

This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on May 12, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Martin Garreau, age 23, was sentenced to 4 months of imprisonment and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Garreau was charged on November 16, 2016, and pleaded guilty on February 3, 2017. The conviction stems from Garreau leaving Community Alternatives of the Black Hills, where he was serving part of his federal prison sentence, without permission and failing to return.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Norris, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.

Arnold Eagle Bear, Jr., age 34, was sentenced to 15 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.

Eagle Bear was indicted by a federal grand jury on August 16, 2016. He pled guilty on March 13, 2017.

Eagle Bear was convicted of Sexual Abuse of a Minor in September 2014. As a result of this conviction, he is required to register as a sex offender. Eagle Bear was released from custody on June 10, 2016, and began supervised release. He initially registered as a sex offender, but then absconded from supervision and did not update his registration.

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

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

United States Attorney Randolph J. Seiler announced that a Murdo, South Dakota, man convicted of Possession of Child Pornography was sentenced on May 8, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tyree Yellow Elk, age 22, was sentenced to 7 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Yellow Elk was charged on July 26, 2016, and pleaded guilty on January 13, 2017. The conviction stems from Yellow Elk knowingly distributing and receiving multiple images of child pornography between March 2014 and July 2016.

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

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

United States Attorney Randolph J. Seiler announced that a Mitchell, South Dakota, man convicted of two separate counts of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.

Corey Johnson, age 31, was sentenced to 33 months in custody on a 2015 case, and 96 months in custody on a separate 2016 case, to be served concurrently, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Johnson was indicted by a federal grand jury on October 14, 2015, on his 2015 case, and on December 14, 2016, on his 2016 case. He pled guilty in both cases on February 21, 2017.

The conviction for his 2015 case stems from an incident on September 13, 2015, when Johnson’s mother called the Lower Brule dispatch because Johnson was talking about taking his own life. An officer with the Bureau of Indian Affairs was given the information, and was also advised that Johnson had an active state warrant.

The officer went to Johnson’s girlfriend home in Lower Brule. After confirming Johnson’s identity, the officer told Johnson to turn around and put his hands behind his back as he was going to be detained for state authorities. Johnson did not comply and took off running. The officer gave chase and was able to get ahold of Johnson. The two fell to the ground and wrestled around with Johnson continuing to resist arrest. Johnson was able to get to his feet first and while attempting to flee dragged the officer, causing scrapes to the officer’s arms. Johnson then took off running again, and the officer gave chase but was unable to locate Johnson. An Indictment was obtained and a warrant for his arrest issued.

The conviction from his 2016 case stems from an incident when Johnson was located on November 2, 2016, by two deputies with the U.S. Marshals Service in Lower Brule. The deputies arrived at the home and saw Johnson’s girlfriend in the driver seat of a vehicle and Johnson outside at the back of the vehicle. The deputies exited their vehicle and announced “United States Marshal” and “Federal Warrant”. One of the deputies ordered Johnson to show his hands. Johnson turned, looked at the deputies, and then dove into the middle seat of a Jeep and locked the doors. Johnson was ordered to get out of the vehicle, that they had a warrant and that he was under arrest. Johnson did not comply.

Johnson’s girlfriend was in the driver’s seat and they could see an infant child in a car seat near Johnson. The deputies then saw Johnson clench his fists and hold a weapon to his girlfriend’s neck. Johnson was yelling that he had a knife, that he would harm or kill his girlfriend and for the officers to leave. His girlfriend was seen to be visibly upset, crying and holding her hands up. She was not allowed to leave the vehicle. Johnson was between the small child in the car seat and the driver’s seat.

The deputies continued to order Johnson to get out of the car, but he continued to ignore commands and say he had a knife and would harm his girlfriend. One of the deputies broke out two of the windows of the Jeep. Johnson finally dropped his hands and then opened the door and was taken into custody. A knife was recovered from inside the vehicle.

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

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

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.

Megan Azure, age 31, was sentenced to 4 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.

Azure was indicted by a federal grand jury on October 12, 2016. She pled guilty on February 27, 2017.

The conviction stems from an incident on March 21, 2015, when Azure, who was in the Lower Brule jail on tribal charges, was being non-compliant. A correctional officer with the Bureau of Indian Affairs was asked by another correctional officer to assist with Azure. The officers directed Azure to go back into the booking area for her housing assignment. Azure refused to go and began to argue with the officers. The correctional officer advised Azure to calm down and then took a small step back, at which time Azure said some profanity to the correctional officer and then tilted her head back and brought it forward with force striking the correctional officer in the face with her head. The correctional officer’s glasses went flying. As a result of the assault, the correctional officer suffered a swollen cheek, black eye and headaches and dizziness for a few days.

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

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

United States Attorney Randolph J. Seiler announced that a Paramount, California, man convicted of Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily Injury was sentenced on May 15, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Daniel Hess, a/k/a Jason Hess, age 44, was sentenced to 20 years in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the charge of Assault with the Intent to Commit Murder. Hess was sentenced to 10 years in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the charge of Assault Resulting in Serious Bodily Injury. The sentences were ordered to be served consecutively.

The conviction stems from Hess, Phyllis Lucero, and Seth Hernandez, driving to a 73-year-old woman’s home on the evening of October 17, 2015, and breaking into the home with the intent to assault the woman and her adult son and steal their belongings, mainly cash. The three defendants wore masks covering their faces in order to disguise their appearances. Once the three masked individuals gained entrance to the home, the two male defendants assaulted the adult male. Hess strangled the male victim, rendering him unconscious. Hess assaulted the 73-year-old female victim by kicking her as she laid in a pool of her own blood. The defendants went in and out of the home removing the victims’ personal property and loaded it into the female victim’s truck. Hess drove Lucero and Hernandez to separate locations within the Pine Ridge Reservation before returning to the victims’ home. When Hess returned a second time, he removed additional personal property and bound the male victim’s ankles with an electrical cord and his hands with duct tape. Hess bound the elderly woman’s hands and ankles with duct tape.

Upon being transported to the Rapid City Regional Hospital and admitted to the Intensive Care Unit, both victims were found to have extensive bruising and lacerations to their heads, bleeding on their brains, and rib fractures. The elderly woman had several lacerations to her face and head, which required 17 staples to secure.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Ben Patterson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that fourteen individuals indicted for the illegal trafficking of eagles and other migratory birds have made their initial appearances in Federal Court. The Indictments were the result of a two-year undercover operation, dubbed Project Dakota Flyer.

 

Indicted Individuals Include:

 

Troy Fairbanks, 54, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50036

Majestic Fairbanks, 22, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking: CR 17-50036

Troy Young Fairbanks, 24, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking: CR 17-50036

Alvin Brown, Jr., 37, Ethete, WY, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50035

Michael Primeaux, 32, Parmalee, SD/ Ethete WY, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR 17-50035

Aaron David West, 62, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30051

Aaron David West, Jr., 33, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30051

Jorge Pena, 44, Mt. Vernon, IA, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50056

Valencia Neck, 38, Parmelee, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30050

Benjamin Iron Hawk, 44, Kyle, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30050

Chet Christensen, 66, Tuthill, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30052

Ronald Fisher, 64, Kyle, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50057

Gary Fisher, 69, Gordon, NE, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50057

David Jasper, 60, Box Elder, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30048

The defendants made their initial appearances between May 1, 2017, and May 9, 2017, in federal court in Pierre and Rapid City, SD. Trial dates have been set in June and July 2017. This case is being investigated by the U.S. Fish and Wildlife Service. Assistant U.S. Attorneys Eric Kelderman and Meghan N. Dilges are prosecuting the cases.

###

United States Attorney Randolph J. Seiler announced that a Piedmont, South Dakota, man has been indicted by a federal grand jury for Threatening Communications, Stalking, and Repeated Telephone Calls.

Larry Wenthold, age 38, was indicted on February 22, 2017. Wenthold appeared before U.S. Magistrate Judge Daneta Wollmann on May 10, 2017, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years’ 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 relate to Wenthold, who was living in Minnesota at the time, sending repeated texts and telephone calls to a female and her mother and sister in South Dakota. These communications threatened their lives and put them in fear of death or serious bodily injury.

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

The investigation is being conducted by the United States Marshals Service. U.S. Attorney Eric Kelderman is prosecuting the case.

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

###

United States Attorney Randolph J. Seiler announced that Darrell Janis, age 57, of Kyle, South Dakota, was found guilty of two counts of Abusive Sexual Contact as a result of a federal trial in Rapid City, South Dakota.

The charges carry a maximum penalty of 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.

The charges relate to Janis using force to have sexual contact with a child, who was between the ages of 12 and 16, on December 11, 2015, at Kyle.

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

A sentencing date will be set. Janis was remanded to the custody of the U.S. Marshals Service pending sentencing.

# # #

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty and was sentenced on May 10, 2017, by U.S. Magistrate Judge Mark A. Moreno.

Majestic Byington, age 23, was sentenced to 12 months in custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on April 15, 2016, when a Special Agent with the Federal Bureau of Investigation responded to a call for assistance for an uncooperative female from the BIA.

Byington was located hiding under a bed. She was very belligerent, uncooperative and refused to stand up, calling law enforcement personnel names. Byington was carried outside because she refused to walk. Byington spat three times, through the cage area, at the FBI Special Agent. Her spit landing on his head, neck and shoulder.

The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

Byington was remanded to the custody of the U.S. Marshals Service to serve her sentence concurrently with a state court sentence for assaulting an officer.

###

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

Braxtyn Melecca Jo Garreau, age 21, was indicted on April 12, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 21, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance is up to 20 years in custody and/or a $1,000,000 fine, and a lifetime of supervised release. The maximum penalty upon conviction for Concealing a Person from Arrest is up to 5 years in custody and/or a $250,000 fine, and 3 years of supervised release. Both charges require a payment of $100 to the Federal Crime Victims Fund and restitution may also be ordered.

The Indictment alleges that between January of 2014 and April of 2017, Garreau knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled Substance, within the district of South Dakota. The Indictment also alleges that Garreau possessed methamphetamine with the intent to distribute it on February 23, 2017, in Eagle Butte. The Indictment further alleges that between November 22, 2016 and February 6, 2017, Garreau harbored and concealed Emmett Traversie, so as to prevent his discovery and arrest on an alleged bond violation.

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

This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

Garreau 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 Eagle Butte, South Dakota, female convicted of two counts of Distribution of a Controlled Substance was sentenced on April 17, 2017, by U.S. District Judge Roberto A. Lange.

Ree Amber Eagle Staff, age 34, was sentenced to 16 months in custody and 4 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Eagle Staff was indicted by a federal grand jury on August 16, 2016. She pled guilty on January 30, 2017.

On July 28 and 29, 2016, in Eagle Butte, Eagle Staff distributed methamphetamine, a Schedule II Controlled Substance, to other persons.

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

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

# # #

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.

Skyla Rae Alyce Dupris a/k/a Skyla Dupree, age 25, was sentenced to 6 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Dupris was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 7, 2017.

On June 23, 2016 and July 21, 2016, in Eagle Butte, Dupris knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to other persons.

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.

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

# # #

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Depredation of Government Property.

Curtis Temple, age 54, was indicted on April 18, 2017. Temple appeared before U.S. Magistrate Judge Daneta Wollmann on April 27, 2017, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge relates to Temple committing a depredation against real property maintained by the U.S. Department of the Interior, Bureau of Indian Affairs, by overstocking and overgrazing land and vegetation that resulted in damage over $1,000, between March 25, 2013, and April 18, 2017.

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

The investigation is being conducted by the U.S. Department of the Interior, Bureau of Indian Affairs. U.S. Attorney Megan Poppen is prosecuting the case.

Temple was released on bond pending trial. A trial date has been set for June 27, 2017.

###

United States Attorney Randolph J. Seiler announced that Arrow Lynn Curry, age 24, of Martin, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a federal jury trial in Rapid City, South Dakota. Curry was found not guilty of Use of a Firearm during a Drug Trafficking Crime. The jury returned the verdict on April 20, 2017.

The charge carries a maximum penalty of up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Curry was indicted by a federal grand jury on September 15, 2015.

In December of 2014, Curry conspired and agreed with other persons to intentionally distribute methamphetamine in South Dakota.

This case was investigated by the U.S. Postal Inspection Service, Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms & Explosives, South Dakota Division of Criminal Investigation, and Pennington County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man and a Crookston, Minnesota, woman have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

June Swalley, a/k/a June Einspahr, a/k/a June Dmytrask, age 31, and Jeremey White Horse, age 40, were indicted on February 15, 2017. White Horse appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 2017, and Swalley appeared before U.S. Magistrate Judge Mark A. Moreno on May 9, 2017. They both pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 2 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on June 30, 2016, Swalley and White Horse knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine, a Schedule II controlled substance.

The Indictment also alleges that on July 21, 2016, White Horse again knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine.

The charges are merely accusations and Swalley and White Horse are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Swalley was remanded to the custody of the U.S. Marshals Service pending trial, and White Horse was released on bond. A trial date has been set for June 27, 2017.

###

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

Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 28, was indicted on March 22, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 8, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 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 March 4, 2016, Flute took and attempted to take by force, violence, and intimidation, money and checks from the victim, who he assaulted in the process with a wood board, causing serious bodily injury.

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

Flute 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 Eagle Butte, South Dakota, woman convicted of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.

Ebony Hope Justyne Cook, age 20, was sentenced to 8 months in custody, followed by 3 years of supervised release, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Cook was indicted by a federal grand jury on October 12, 2016. She pled guilty on February 7, 2017.

On July 22, 2016, in Eagle Butte, Cook knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to another person.

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.

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

# # #

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.

Whitney Vaughn Marrowbone, age 22, was sentenced to 7 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Marrowbone was indicted by a federal grand jury on October 12, 2016. He pled guilty on February 6, 2017.

On July 8 and 11, 2016, Marrowbone, knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, in Eagle Butte.

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.

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

# # #

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child as a result of a federal jury trial in Pierre, South Dakota, beginning on May 3, 2017, and concluding on May 5, 2017.

Lawrence Oakie, age 35, was indicted by a federal grand jury on April 13, 2016.

The charge stemmed from an alleged incident that occurred in August 2015, near Rosebud, 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 Dupree, South Dakota, woman convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.

Skyla Rae Alyce Dupris a/k/a Skyla Dupree, age 25, was sentenced to 6 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Dupris was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 7, 2017.

On June 23, 2016 and July 21, 2016, in Eagle Butte, Dupris knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to other persons.

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.

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

# # #

United States Attorney Randolph J. Seiler announced that James Robert Dowty, age 27, of Pine Ridge, South Dakota, was found guilty of Second Degree Murder and Discharge of a Firearm during the Commission of a Crime of Violence at the conclusion of a federal trial in Rapid City, South Dakota. The verdict was returned on Friday, May 5, 2017.

The charges carry a maximum penalty of up to life imprisonment and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.

The conviction stems from Dowty shooting and killing a 13-year old juvenile victim in the early morning hours of July 20, 2016, on a street in Pine Ridge. The prosecutors’ credited the three teenage eyewitnesses who were with the victim that night for stepping forward to tell the jury what they witnessed.

Prosecutors were satisfied with the verdict. “We have confidence in the criminal justice system and trust the conclusion the jury reached,” said Assistant U.S. Attorney Eric Kelderman. “This was a tragic case and while obviously no verdict can bring her back, we are hopeful this outcome provides some consolation and healing to the victim’s family.”

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 Eric Kelderman and Sarah B. Collins prosecuted the case.

A sentencing date will be set. Dowty was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine and being a felon in possession of firearms, was sentenced on April 25, 2017, by U.S. District Judge Karen E. Schreier.

Shawn Russell Sorensen, age 55, was sentenced to life in prison on the methamphetamine conspiracy conviction. That sentence was mandatory because Sorensen had two previous felony drug convictions. He was sentenced to 120 months in prison on the firearms offense, to run concurrent to the life sentence. He was also ordered to pay $200 to the Federal Crime Victims Fund.

Sorensen was indicted for the offenses by a federal grand jury on September 20, 2016. He was found guilty after a three-day jury trial that began October 4, 2016.

The investigation of Sorensen began when a package containing a half-pound of cocaine and 10 pounds of methamphetamine was intercepted by the United States Postal Service. The package was subsequently linked to Sorensen. The evidence established Sorensen had received multiple packages in this manner. When Sorensen’s vehicle was stopped by law enforcement, he had in his possession three firearms and ammunition.

This case was investigated by the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, the Rock County, Minnesota Sheriff’s Office, the Minnesota Bureau of Criminal Apprehension, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorneys Jennifer D. Mammenga and John E. Haak prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.

Amin Ricker, age 30, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 26, 2017, and pled not guilty to the Indictment.

The penalty upon conviction is a mandatory minimum of 15 years imprisonment up to 40 years imprisonment and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment charges that between October 2016 and February 2017, Ricker knowingly distributed and possessed child pornography, and that at the time, he had a prior conviction under the laws of the state of South Dakota relating to the possession and distribution of child pornography.

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

The investigation is being conducted by the Federal Bureau of Investigation, the Pierre Police Department, the South Dakota Division of Criminal Investigation, and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

Ricker was released pending trial. Trial is set for June 27, 2017.

The United States Attorney’s Office, District of South Dakota, has announced it will staff an office one day each week in Pine Ridge, South Dakota. This initiative began on April 12, 2017, following an announcement made by U.S. Attorney Randy Seiler.

Referred to as "Walk-In Wednesday", a representative of the U.S. Attorney’s office will be on-site at Pine Ridge each Wednesday between the hours of 9:00 A.M. to 3:00 P.M. The U.S. Attorney decided to start this initiative to allow citizens to more easily communicate with the office concerning crime on the reservation, inquiries about existing cases, or to obtain any information which might be sought by the citizenry.

The office is located within the Bureau of Indian Affairs office, inside the Justice Center for the People in Pine Ridge, located at 1001 Horse Thief Road.

Anyone interested in visiting with a representative of the U.S. Attorney’s Office is encouraged to stop by the office. Appointments are welcome but not necessary. To schedule a meeting, please call the satellite office at 605.867.2931, or the U.S. Attorney’s Rapid City office at 605.342.7822.

United States Attorney Randolph J. Seiler announced that a South Antelope, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.

Aprielle Marie Poitra, age 21, was sentenced to 16 months in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Poitra was indicted by a federal grand jury on April 13, 2016. She pled guilty on February 28, 2017.

On the evening of March 18, 2016, Poitra stabbed her boyfriend in the arm with a knife during an argument at their home.

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

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

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Tampering with a Witness was sentenced on April 25, 2017, by U.S. District Judge Roberto A. Lange.

Diego Lara, age 25, was sentenced to 5 years in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Lara was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 14, 2017.

The conviction stems from an incident on September 13, 2016, when Lara knowingly attempted to corruptly persuade someone to lie to a Federal Grand Jury regarding an ongoing investigation into a murder.

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

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