District of South Dakota

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Assault on a Federal Officer.

Tierra Lee Swift Bird, age 21, was indicted on March 21, 2017. Swift Bird appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 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 charge relates to Swift Bird assaulting a law enforcement officer with the Oglala Sioux Tribe Department of Public Safety while he was engaged in his official duties on October 15, 2016, at Pine Ridge.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.

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

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

Jalen Walking Eagle, age 21, was indicted on April 18, 2017. Walking Eagle appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 25 years’ custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Walking Eagle unlawfully entering an occupied structure on February 12, 2017, and assaulting a male with shod feet. This assault resulted in serious bodily injury to the other male. Walking Eagle then stole personal property items before leaving the scene.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. U.S. Attorney Megan Poppen is prosecuting the case.

Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2017.

The Department of Justice designated the week of April 23-30, 2017, as National Reentry Week. National Reentry Week, which held its inaugural event in 2016, is a week designed to highlight the advocacy for formerly incarcerated individuals as they successfully return to and contribute to their communities.

National Reentry Week also seeks to promote a reduction in recidivism through the elimination of barriers to successful reentry as formerly incarcerated individuals compete for jobs, attain stable housing, and seek support for their families.

Leading up to National Reentry Week, the U.S. Attorney’s Office for the District of South Dakota participated in a Reentry Task Force meeting on April 11, 2017, in Rapid City. The Reentry Task Force is made up of local partners who gather to share and discover innovative methods to address the challenges and gaps in service that can impact the success of formerly incarcerated individuals.

Referencing the Federal Bureau of Prisons webpage, in 2016 alone, there were 396 former federal prisoners released back to their South Dakota community after spending time in federal custody. Statistically, 20% of all those released will return to prison within three years of their initial release. Given that, much work still needs to be done.

In addition, you can read about other reentry programs on the U.S. Attorney’s District of South Dakota webpage at https://www.justice.gov/usao-sd.

United States Attorney Randolph J. Seiler announced that four men and one woman from Mission, South Dakota, have been indicted by a federal grand jury for Possession of Unregistered Firearm, Possession of a Firearm by a Prohibited Person, and Possession of a Stolen Firearm.

Keith Bordeaux, age 19, Stephanie Bear Heels, age 30, and Kevin Bordeaux, age 18, appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.

Dakota Marshall, a/k/a Dakota Marshall, Sr., age 21, appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.

Angelito Moran, a/k/a Angel Moran, age 20, appeared before U.S. Magistrate Judge Mark A. Moreno on April 21, 2017, and pled not guilty to the Indictment. All five of them were indicted on March 15, 2017.

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 November 11, 2016, Keith Bordeaux and Marshall knowingly received and possessed a Weatherby, model PA-08, 20-gauge shotgun which was less than 18 inches in length. Said shotgun was not registered to them. Bordeaux and Marshall are both prohibited from owning any kind of firearms.

The Indictment also alleges that Keith and Kevin Bordeaux, along with Moran, and Bear Heels, knowingly possessed, received, concealed, stored, bartered, sold, and disposed of stolen firearms and aided and abetted in the commission of the offense. Moran and Bear Heels are also prohibited from owning any kind of firearms.

The charges are merely accusations and all defendants 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.

All Defendants were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 27, 2017.

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 April 19, 2017, by U.S. District Judge Roberto A. Lange.

Tyrell Thin Elk, age 35, was sentenced to 21 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.

Thin Elk was indicted by a federal grand jury on October 12, 2016. He pled guilty on March 8, 2017.

The conviction stems from Thin Elk failing to register as a sex offender as required by federal law in August of 2016. Thin Elk had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender for the rest of his life.

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

Thin Elk 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 was acquitted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer as a result of a federal jury trial in Pierre, South Dakota. The trial began April 18, 2017, and concluded on April 19, 2017.

Donovan Siers, a/k/a Donovan Fast Dog, age 52, was indicted by a federal grand jury on September 13, 2016.

The charge stemmed from an alleged incident that occurred in July 2016.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.

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.

Richard Peneaux, age 23, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on or about March 23, 2017, Peneaux forcibly assaulted a Rosebud Sioux Tribe law enforcement officer with a dangerous weapon.

The charge is merely an accusation and Peneaux 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.

Peneaux 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Frankie Marshall, age 27, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment to the domestic trafficking victims’ fund, unless the sentencing court finds the defendant to be indigent. Restitution may also be ordered.

The Indictment alleges that on March 29, 2017, Marshall knowingly caused and attempted to cause a female victim to engage in sexual act, by the use of force.

The charge is merely an accusation and Marshall 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.

Marshall 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 Ft. Thompson, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.

Merle Seeking Land, age 38, was sentenced to 180 months in custody, followed by 10 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Seeking Land was initially indicted by a federal grand jury on July 21, 2015, and pled guilty on November 28, 2016.

Beginning in November 2014, and continuing through July 21, 2015, Seeking Land knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Seeking Land admitted to receiving distributable quantities of methamphetamine and distributing it to others within South Dakota. The individuals who provided Seeking Land with methamphetamine knew that he intended to engage in further distribution. Seeking Land agreed that his conduct involved between 1.5 kilograms and 5 kilograms of methamphetamine. Because of Seeking Land’s two prior methamphetamine distribution convictions, one in 2005 and one in 2011, he was considered a career offender and his sentence was increased.

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.

Seeking Land 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 Forgery was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.

Chelsea White Eyes, a/k/a Chelsea Elk Eagle, age 41, was sentenced to time served (144 days) and 2 years of supervised release. She was also ordered to pay restitution in the amount of $3,514, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.

White Eyes was indicted by a federal grand jury on October 12, 2016. She pled guilty on December 6, 2017.

The conviction stems from an incident on May 29, 2016, when White Eyes, along with two other co-Defendants forged 17 checks on the account of the Cheyenne River Management Corporation. White Eyes cashed several of those 17 fraudulent checks.

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

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 April 24, 2017, by U.S. District Judge Roberto A. Lange.

Charles Moran, age 39, was sentenced to 20 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.

Moran was indicted by a federal grand jury on November 16, 2016. He pled guilty on December 19, 2016.

The conviction stems from Moran failing to register as a sex offender as required by federal law between August 1, 2016, and August 31, 2016. Moran had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.

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

Moran 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, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Child Abuse.

Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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 January 19, 2017, Yellow Earring assaulted his intimate partner with a knife, causing substantial injuries. The Indictment also alleges that on January 19, 2017, Yellow Earring abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of 7 years.

The charges are merely accusations and Yellow Earring 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.

Yellow Earring 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.

Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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 14, 2014, Yellow Earring assaulted an adult male with a padlock, causing serious injuries.

The charges are merely accusations and Yellow Earring 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.

Yellow Earring 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 fifteen individuals have been indicted for the illegal trafficking of eagles and other migratory birds. The Indictments are a 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

Juan Mesteth, 39, Pine Ridge, SD, charged with Conspiracy to Commit Wildlife Trafficking, violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act, and Felon in Possession of a Firearm: 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

Initial appearances have been set for Monday May 1, 2017 in Rapid City, SD and Thursday May 4, 2017 in Pierre, SD. 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 Winner, South Dakota, man convicted of Abusive Sexual Contact With a Child was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.

Joseph Edward Cordier, age 39, was sentenced to 60 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.

Cordier was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.

The conviction stemmed from an incident that occurred between June 19, 2007, and June 19, 2009, wherein Cordier sexually assaulted a child who was between five and six years old. The incident occurred in Winner Tribal Housing in Tripp County.

This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Mill Creek, Washington, man convicted of Unauthorized Access Device was sentenced on April 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Mythyas Troy Godiava, a/k/a Daniel Nguyen, a/k/a Lourde Godiava, age 43, was sentenced to 42 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Godiava pleaded guilty to the charge on December 9, 2016. The charge related to Godiava being stopped by the South Dakota Highway Patrol in Lawrence County on April 4, 2016. A search was conducted on the vehicle and a meth pipe, over 1,000 gift cards, multiple debit/credit cards, a stolen passport, and multiple forms of identification were found. An investigation revealed that for the last several years Godiava has been defrauding various businesses by employing different fraud techniques, such as price tag switching or leaving the store without paying for cartloads of items. Godiava would then hire homeless men and women to return the items for store credit placed on gift cards.

This case was investigated by the South Dakota Highway Patrol and the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Randolph J. Seiler has announced that his office will honor two law enforcement agents with a Distinguished Service Award. The presentation will take place at the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association Spring Conference at The Lodge in Deadwood on April 19, 2017.

The first honoree is Brent Gromer, South Dakota Division of Criminal Investigation Supervisory Special Agent and Internet Crimes Against Children (ICAC) Commander. SSA Gromer is being honored for his dedication to protecting children from online predators. He has been involved in numerous undercover operations, and part of his job with ICAC is to investigate offenders who use the internet, online communication systems, or computer technology to sexually exploit children. SSA Gromer’s investigative abilities and techniques have resulted in the prosecution of numerous child predators. SSA Gromer has been the architect of the proactive Sturgis Bike Rally operations, targeting online predators since 2013. Since that time, each year he innovates methodology in response to the ongoing changes which necessarily occur in these types of cases, including advancements in technology, changes in predators’ behavior, and constant demands drawing limited resources elsewhere. Most recent totals show that combined since that time, the Rally Operation has resulted in over 1,000 months of imprisonment for internet predators. The ICAC Task Force was created to help Federal, State and local law enforcement agencies enhance their investigations.

Also being honored is John Long. Agent Long recently stepped down as Assistant Special Agent in Charge of the Bureau of Indian Affairs after having served virtually his entire distinguished career in South Dakota. Agent Long singlehandedly revitalized the Bureau of Indian Affairs Office of Justice Services upon his arrival in Pine Ridge in 2004. As a result of his extraordinary determination and commitment to the safety of the citizens of the Oglala Sioux Tribe, hundreds of important violent crimes were prosecuted in federal court over many years. Agent Long also distinguished himself through his outreach to other federal agencies, as well as State and law enforcement offices in an effort to bring all resources to the table to stem crime on the reservation.

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Attempted Murder, two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm during the Commission of a Crime of Violence.

Kison Robertson, age 45, was indicted on April 12, 2017. Robertson appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2017, and pleaded not guilty to the Indictment.

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

The charges relate to Robertson using a firearm to attempt to murder a male on March 30, 2017, at Porcupine. Robertson additionally used this firearm to assault the male and his son. This assault resulted in serious bodily injury to the male victim.

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

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

Robertson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 6, 2017.

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse as a result of a federal jury trial in Rapid City on April 13, 2017.

Ryan Bissonette, age 35, was indicted by a federal grand jury on June 17, 2014.

The charges related to an incident that occurred on August 8, 2013, near Pine Ridge. Bissonette was alleged to have used force to engage in a sexual act with a female incapable of consenting, by penetrating her genital opening with his hand and fingers.

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney’s Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of a Firearm With an Obliterated Serial Number.

Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Felon in Possession of a Firearm is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction for Possession of a Firearm With an Obliterated Serial Number is up to 5 years in custody and/or a $250,000 fine, and 2 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund, and restitution.

The Indictment alleges that on December 24, 2016, Two Eagle did knowingly possess a 9mm caliber pistol and ammunition, and that the manufacturer’s serial number had been removed, obliterated, and altered.

The charges are merely accusations and Two Eagle 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 W. Albertson is prosecuting the case.

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

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

Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 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 $100 to the Federal Crime Victims Fund and restitution.

The Indictment alleges that on August 16, 2017, Two Eagle assaulted an individual with a knife with the intent to do bodily harm, and that the assault resulted in serious bodily injury. The Indictment further alleges that Two Eagle abused, exposed, tortured, tormented, and cruelly punished multiple children on that date.

The charges are merely accusations and Two Eagle 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.

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

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

Richard William Neiss, age 45, and Wastewin Jonnie Waukechon, age 38, were indicted on March 15, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 13, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.

The Indictment alleges that between May 1, 2014, and February 8, 2017, Neiss and Waukechon knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.

The charges are merely accusations and Neiss and Waukechon are presumed innocent until and unless proven guilty.

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.

Neiss and Waukechon were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

The Department of Justice announced today that it has reached a settlement agreement with BioFusion Health Products Inc., based in Rapid City, South Dakota.  The settlement resolves claims that BioFusion violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it failed to reemploy South Dakota Air National Staff Sgt. Amber Ishmael following an extended military leave and when it eventually terminated her employment.  At the time of her termination, Staff Sgt. Ishmael was a Senior Airman with the Air National Guard, where she has served honorably since 2010.

According to the complaint that the department filed in the United States District Court for the District of South Dakota, Staff Sgt. Ishmael’s military service was a motivating factor in BioFusion’s decisions to deny her request for reemployment and to terminate her employment.  Staff Sgt. Ishmael was terminated following her deployment to attend Airmen Leadership School, a professional military education training associated with her military service.  Under the terms of the settlement agreement, BioFusion has agreed to pay $3,000 in back pay to Staff Sgt. Ishmael.  USERRA safeguards the rights of uniformed servicemembers to return to their civilian employment following absences due to military service obligations and protects servicemembers from discrimination on the basis of their military obligations.

“The United States has a solemn obligation to ensure that those selfless Americans who serve in the nation’s Armed Forces enjoy every opportunity to advance their civilian careers,” said Acting Associate Attorney General Jesse Panuccio.  “The Department of Justice will be unwavering in protecting the rights of our nation’s service members and we will continue to hold accountable employers who violate those rights.”

“As a member of the Air National Guard, Staff Sgt. Ishmael was called upon to leave her civilian employment and serve our nation,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Our role at the Department of Justice is to protect the rights of the men and women who defend our freedom and safeguard our way of life, and this settlement demonstrates our robust and continuing commitment to those efforts.”

“Members of our Air National Guard must frequently sacrifice time away from their families and civilian jobs in service to our country,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “When military obligations require servicemembers to be absent from their jobs, their employment rights must be protected. The Civil Rights Section at the U.S. Attorney’s Office in South Dakota is committed to protecting those rights. This settlement agreement demonstrates that when employers disregard their obligations under USERRA, our office will hold them accountable for their violations.”

This case stems from a referral by the U.S. Department of Labor (“DOL”) following an investigation by the DOL’s Veterans’ Employment and Training Service (“VETS”).  After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division.  This lawsuit was handled by Assistant U.S. Attorney Alison Ramsdell of the U.S. Attorney’s Office in the District of South Dakota, with the assistance of the Civil Rights Division, both of whom work collaboratively with DOL to protect the jobs and benefits of servicemembers.

The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA.  Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.

United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, woman convicted of Felon in Possession of a Firearm was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.

Amber Rae Millian, age 34, was sentenced to 6 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Millian was indicted by a federal grand jury on April 8, 2015. She pled guilty on January 3, 2017.

The conviction stems from an incident that occurred on November 18, 2014, wherein Millian was arrested for spotlighting deer on the edge of Winner. Millian, having previously been convicted of a felony, was in possession of a .22 caliber rifle and multiple rounds of .22 caliber ammunition at the time of her arrest. As part of her sentence, Millian will forfeit ownership of the firearm and ammunition.

This case was investigated by the South Dakota Department of Game, Fish and Parks, and the Federal Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Jennifer Mammenga and Kirk Albertson prosecuted the case.

United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.

Stephan George Jones, age 45, was sentenced to 120 months in custody, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Jones was indicted by a federal grand jury on May 17, 2016. He pled guilty on January 24, 2017.

Between September of 2013 and May of 2016, Jones knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II controlled substance, in South Dakota. Jones received distributable quantities of methamphetamine from individuals who knew that he intended to engage in further distribution of it. Jones also provided methamphetamine to others, knowing that they intended to engage in further distribution of it within South Dakota. It was reasonably foreseeable to Jones that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy. Jones admitted that between 1.5 and 5 kilograms of methamphetamine was involved in the criminal offense, and that he was an organizer, leader, manager, or supervisor in the criminal activity.

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

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

United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men and an Eagle Butte, South Dakota, woman have been indicted by a federal grand jury for First Degree Burglary and Larceny.

Heideman, age 24, Tristan Yellow Horse, age 31, and Nicole Condon, a/k/a Nicole Garreau, a/k/a Nicole Yellow Horse, age 39, were indicted on January 19, 2017. Yellow Horse appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2017, and pled not guilty to the Indictment.

Nicole Condon appeared before U.S. Magistrate Judge Mark A. Moreno on January 30, 2017, and pled not guilty to the Indictment.

Joshua Heideman appeared before U.S. District Court Judge Roberto A. Lange on March 22, 2017, and pled guilty to First Degree Burglary. A presentence investigation report was ordered and a sentencing date was set for June 5, 2017.

The Indictment alleges that on October 8, 2016, Heideman, Yellow Horse, and Condon unlawfully entered and remained in someone’s residence with the intent to steal the property of the owner, and aided and abetted in the commission of that offense.

The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges are merely accusations and Yellow Horse and Condon are presumed innocent until and unless proven guilty.

This investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.

Yellow Horse, and Condon were remanded to the custody of the U.S. Marshals Service. The jury trial for Condon and Yellow Horse is currently scheduled for July 25, 2017.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.

Lavern David Luxon, Jr., age 25, was sentenced to 96 months in prison, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Luxon was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.

The conviction stems from an incident that occurred on September 4, 2015, wherein Luxon assaulted a 15-year-old girl at her home in Parmelee, South Dakota. Luxon had been working at the house that day and was permitted by the girl’s parents to spend the night. He then sexually assaulted the girl in the middle of the night while everyone else in the house was asleep. The girl reported the assault the next day.

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

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

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

Dustin Witt, age 25, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on June 6, 2016, Witt assaulted an individual with shod feet with intent to do bodily harm and that the assault resulted in serious bodily injury. The Indictment further alleges that Witt abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of eighteen.

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

The nvestigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

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

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

A criminal complaint was filed against Thomas Gary Thompson, age 27, on March 30, 2017. Thompson was indicted on April 4, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 7, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on March 22, 2017, Thompson knowingly and intentionally possessed methamphetamine with the intent to distribute it.

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

The investigation is being conducted by the Mellette County Sheriff’s Office, South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

Thompson was remanded to the custody of the U.S. Marshals Service pending trial. A sentencing date has been set for June 6, 2017.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer and Simple Assault was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.

Patrick Medearis, age 33, was sentenced to 22 months in prison, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Medearis was indicted by a federal grand jury on January 21, 2016. He pled guilty on January 24, 2017.

convictions stem from two separate incidents. On October 31, 2015, Medearis and his girlfriend got into an altercation while driving to Mission. y stopped at the Gus Stop convenience store, at which point Medearis’ girlfriend got out of the vehicle. Medearis grabbed her shirt as she tried to get away and ripped her top off. He then chased after her and grabbed the shirt she was covering herself with before departing the area. Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded and a warrant was subsequently issued for Medearis’ arrest.

On November 28, 2015, a RSTLES officer responded to a report that Medearis, possibly intoxicated, was outside a home in White Horse, revving his engine. The officer subsequently made contact with Medearis during a vehicle stop. During the vehicle stop, Medearis got out of the vehicle and approached the officer brandishing a knife. He refused commands to drop the knife until another RSTLES officer arrived to assist, at which point Medearis was forcibly subdued and arrested.

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

Medearis 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 has been indicted by a federal grand jury for Criminal Contempt.

Clint Roubideaux, age 32, was indicted on February 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 6 months in custody and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 14, 2017, Roubideaux, willfully and unlawfully disobeyed and resisted a United States District Court process, order, and command to appear in Court.

The charge is merely an accusation and Roubideaux 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.

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

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

Jeremy Agard, age 35, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 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, life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on October 14, 2016, Agard knowingly caused and attempted to cause the victim to engage in a sexual act. The Indictment also alleges that on that same date, Agard unlawfully assaulted the same victim with shod feet, causing serious bodily injury to her.

The charges are merely accusations and Agard 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.

Agard 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 Kyle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury,

Charles Gay, a/k/a Charles Dean Mercado, age 20, was indicted on March 21, 2017. Gay appeared before U.S. Magistrate Judge Daneta Wollmann on April 7, 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 Gay assaulting a juvenile male with a television and a knife at Kyle on October 10, 2015. This assault resulted in serious bodily injury to the juvenile male.

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

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

Gay was released on bond pending trial. A trial date has been set for June 13, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.

Delano White Eagle, age 46, was sentenced to 46 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

White Eagle was indicted by a federal grand jury on September 20, 2016. He pled guilty on January 24, 2017.

The conviction stemmed from an incident on August 24, 2016, when White Eagle unlawfully assaulted his dating partner by strangling and suffocating her during an argument.

This case was investigated by the Ziebach County Sheriff’s Office and Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.

White Eagle 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 of a Dating Partner by Strangulation and Suffocation.

Nathan Smith, age 41, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on April 6, 2017, Smith unlawfully assaulted his dating partner by strangling and suffocating her during an argument.

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

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

Smith 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 four individuals have been indicted by a federal grand jury for Conspiracy and Theft by Employees of a Gaming Establishment on Indian Land.

Lito Banbilla Bolocon, age 44, and Fern Freya Gill, age 52, appeared before U.S. Magistrate Judge William D. Gerdes on March 30, 2017, and pled not guilty to the Superseding Indictment. Jeremy Kris Brown, age 43, appeared before Magistrate Judge Gerdes on February 23, 2017, and pled not guilty to the Indictment. Jordan Anthony Rondell, age 29, appeared before Magistrate Judge Gerdes on April 4, 2017, and pled not guilty to the Superseding Indictment.

The maximum term of imprisonment upon conviction is up to 5 years for Conspiracy and up to 20 years for Theft by an Employee of a Gaming Establishment on Indian Land. Each offense also carries a $250,000 fine, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

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

According to the Superseding Indictment, Bolocon worked at the DSC as a pit boss, and Brown and Gill worked as blackjack dealers. Rondell was a customer of the DSC whom frequently played blackjack.

As alleged, in December 2015 and through January 1, 2016, Bolocon, Brown, Gill, and Rondell conspired to enrich themselves by unlawfully obtaining gaming chips and money from the DSC. Specifically, in December 2015, Defendants devised a plan to cheat the DSC of monies derived during the gambling operations taking place on New Year’s Eve 2015 and into January 1, 2016. The agreement was for Rondell to unlawfully make a large sum of money from illegitimate winnings paid by Brown and Gill, and Rondell would then pay-off the other defendants for their participation. Rondell cashed-out approximately $10,000 from the DSC after playing at Brown’s and Gill’s respective blackjack tables, which were supervised by Bolocon.

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

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

Bolocon, Gill, and Brown were released pending trial. Rondell was detained. A trial date has been set for June 6, 2017 for Bolocon, Gill, and Brown. A trial date for Rondell has not been set.

United States Attorney Randolph J. Seiler announced that a half-day conference addressing gun violence in Indian country will be held in Pine Ridge, South Dakota, on Thursday April 6, 2017. The event is in conjunction with National Crime Victims’ Rights Week and is hosted by the U.S. Attorney’s Office, the Oglala Sioux Tribe, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.

The keynote speaker is Michael Poindexter, the Sheriff of Modoc County in California, where a mass shooting took place in February of 2014 during a tribal council meeting. Four tribal members, including the Tribal Chairman, died as a result of the tragic event. Sheriff Poindexter was one of the responding officers who worked closely with the victims, and he will share his story of survival and the effect of the shooting on the community.

Also on the agenda is Cheryl “Renee” Bourque with the Bureau of Indian Affairs. Ms. Bourque will share her experience and address the impact of losing two of her close friends and co-workers to gun violence. Both victims were Native American and worked for the Seminole, OK sheriff’s office. In addition, Frank Kelsey with the Bureau of Alcohol, Tobacco, Firearms & Explosives, will give a presentation on gun violence, the nature of the problem and how to avert the consequences.

Representatives from several local victim service providers will have a display/information booth. Following the conference, a ceremony will take place honoring four individuals who have provided outstanding services to victims of crime in Indian country.

The event will be held at the SuAnn Big Crow Center in Pine Ridge, located at 1 Positive Place. The conference will run from 10:00 am – 1:00 pm, followed by the National Crime Victims’ Rights Week presentations. The public is welcome and a free lunch will be served.

AGENDA.pdf

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

Joseph Blue Bird, age 30, was indicted on September 13, 2016. He appeared before U.S. Magistrate Mark A. Moreno on March 29, 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 period 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 June 16, 2016, and September 13, 2016, Blue Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction, knowingly failed to register and update his registration as required by law.

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

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.

Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.

United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Striking, Beating or Wounding was sentenced on March 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Clint A. Marshall, age 44, was sentenced on Count 1 to 51 months in custody, 3 years’ supervised release, a $100.00 special assessment to the Federal Crime Victims Fund, and $69,805.49 restitution; and was sentenced on Count 2 to 12 months in custody, 1 year supervised release, and a $25.00 special assessment to the Federal Crime Victims Fund. The custody time was ordered to run consecutively.

On October 10, 2015, Marshall was consuming alcohol at a trailer he was renting with his girlfriend in Oglala. Marshall and his girlfriend got into a verbal argument that turned into a physical altercation. Marshall intentionally pushed her and assaulted her using his hands. She left the trailer and the area for a short period of time.

When she returned, there was a white vehicle and two women outside the trailer. Marshall was also outside and approached his girlfriend. Marshall still appeared angry from the earlier fight with her. The two women got back into their vehicle and indicated to Marshall’s girlfriend that she could get in. Before getting into the car, she threw her car keys at Marshall. She got into the back seat of the vehicle. Marshall then picked up the car keys, got in his girlfriend’s car, and began following the white vehicle with the three women in it.

Marshall followed the white vehicle, increasing his speed and driving erratically. Using the vehicle he was driving, Marshall rammed the rear portion of the white vehicle. That strike caused the white vehicle to slide off the highway and roll over, ultimately coming to rest back on its wheels in a field.

All three women sustained injuries from the crash. One had to be removed from the vehicle with specialized equipment. She is paralyzed in all of her limbs as a result of the crash, and requires full-time medical care in a specialized facility.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Marshall was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Bank Fraud and Forgery.

Kaitlyn Erickson, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Bank Fraud is up to 30 years in custody and/or a $1,000,000 fine, and 5 years of supervised release; the maximum penalty for Forgery is a maximum of 5 years of custody and/or a $250,000 fine, and 3 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.

The Indictment alleges that on or about January 17, 2017, Erickson altered and passed a check from an account that did not belong to her. Erickson deposited the forged check into an account at Wells Fargo Bank, insured by the Federal Deposit Insurance Corporation and attempted to withdraw funds from the account.

The charge is merely an accusation and Erickson 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 W. Albertson is prosecuting the case.

Erickson was released pending trial. A trial date has been set for May 23, 2017.

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

Sean Stinson, age 21, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 30, 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 August 28, 2016, Stinson, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of and addicted to a controlled substance, knowingly possessed and received a Ruger SR 1911 pistol, which had been shipped and transported in interstate commerce.

The charge is merely an accusation and Stinson 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 Meghan N. Dilges is prosecuting the case.

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

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

Tolin Gregg, age 19, was indicted on March 21, 2017. Gregg appeared before U.S. Magistrate Judge Daneta Wollmann on March 27, 2017, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is life imprisonment 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 charges relate to Gregg using force to engage in a sexual act with a female on December 23, 2016, near Kyle.

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

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

Gregg was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 30, 2017.

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Megan Howe, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on December 11, 2016, Howe forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties and employed as a federal law enforcement 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. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Howe 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 Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, Sexual Abuse of a Child, Abusive Sexual Contact of a Minor, and Child Abuse.

Charles Edwards, age 36, was indicted on March 21, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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, life of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges between December 2008 and December 2016, Edwards sexually molested a child on multiple occasions. The Indictment also alleged that Edwards abused, exposed, tortured, tormented, and cruelly punished that same child.

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

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

Edwards was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.

Alyce Marie Morrison, age 33, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between July 1, 2016, and January 14, 2017, Morrison knowingly and intentionally conspired and agreed to distribute methamphetamine, a Schedule II controlled substance, actually distributed methamphetamine on three occasions, and on one occasion possessed methamphetamine with the intent to distribute it. The Indictment further alleges that on January 14, 2017, Morrison unlawfully possessed a firearm and was prohibited from doing so because of her use of methamphetamine.

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

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

Morrison was remanded to the custody of the U.S. Marshals Service pending trial. Trial is set for May 22, 2017.

United States Attorney Randolph J. Seiler announced that a Clearfield, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Cory Scott Fischer, age 45, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between November 10, 2017, and November 11, 2017, Fischer knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.

The charge is merely an accusation and Fischer 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 SaraBeth Donovan is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that an Agency Village, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Samantha Flute, age 26, appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.

The maximum penalties upon conviction is up to 8 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.

On or about August 20, 2016, Flute gave birth to a fully developed male infant. At the time of admission, Flute tested positive for a number of prescription and over-the-counter medications. The cause of death was attributed to a combined drug toxicity of the prescription and over-the-counter medications. It is alleged in the indictment that Flute acted in a grossly negligent manner, with actual knowledge that her conduct was a threat to the life of another, and with actual knowledge that would reasonably enable her to foresee the peril to which her act subjected another.

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, the State of South Dakota’s Division of Criminal Investigation, and the Sisseton-Wahpeton Oyate Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

Flute was released to a third-party pending trial. A trial date has been set for May 23, 2017.

United States Attorney Randolph J. Seiler has announced that his office, in conjunction with the Federal Bureau of Investigation, Minnehaha County States Attorney’s Office, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, and the U.S. Commission on Civil Rights will present a forum on protecting Arab, Muslim, Sikh, and South Asian Communities. The discussion will revolve around responding to hate and bias crimes targeted against these groups. A representative from the Department of Justice’s Community Relations Service (CRS) will help facilitate the discussion.

The Forum will be held on Thursday, March 30, 2017, from 6:00 pm – 9:00 pm, at the Sioux Falls Library located in downtown Sioux Falls at 200 N. Dakota Avenue. The free conference is open to the public and will feature conversations with leaders of diverse community, faith-based, and non-profit organizations in Sioux Falls and the surrounding areas.

Pursuant to the Hate Crimes Protection Act, CRS is authorized to work with communities to help them develop the capacity to prevent and respond more effectively to violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. CRS is a remarkably unique federal component dedicated to assisting state and local units of government, private and public organizations, and community groups develop local capacity to prevent racial and ethnic tensions.

To learn more about the Department of Justice’s Community Relations Service, visit: https://www.justice.gov/crs.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota woman convicted of Felon in Possession of Firearm was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.

Lesa Lynn Zafft, age 54, was sentenced to 37 months in custody to run concurrently to her State sentences, and three years of supervised release. She was also ordered to pay $100 to the Federal Crime Victims Fund, and to forfeit a .22 caliber handgun.

A federal grand jury indicted Zafft on October 4, 2016, for being a Felon in Possession of Firearm. She pled guilty on December 27, 2016.

On June 16, 2016, Zafft was in possession of a .22 caliber revolver handgun, and sold the firearm, 45 rounds of .22 caliber ammunition, and some methamphetamine to an undercover officer in exchange for $400. Zafft had been convicted in 2015 of felony drug possession, which prohibited her from possessing any firearms.

This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Zafft was immediately returned to the custody of the State to finish serving her State sentence.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Possesion of a Firearm by a Prohibited Person was sentenced on March 21, 2017, by U.S. District Judge Karen E. Schreier.

Michael Layne Spath, age 36, was sentenced to 51 months in custody, followed by three years supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund and forfeit three firearms in his possession.

Spath was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on July 12, 2016. He pled guilty on December 21, 2016.

On December 3, 2015, officers with the Minnehaha County Warrant Task Force went to the home of Spath in search of a parole absconder. While at the residence, officers located a 12-gauge shotgun, and shotgun shells. Officers obtained a state search warrant to search the house more thoroughly and found a HiPoint .45 caliber semi-automatic pistol behind the refrigerator, along with .45 caliber ammunition on the basement steps. When Spath was apprehended on December 10, 2015, he had a loaded .40 caliber handgun with him in his vehicle. He was immediately arrested and placed in custody.

This case was investigated by Sioux Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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