District of South Dakota

United States Attorney Randolph J. Seiler announced that a Sioux City, Iowa, man convicted of Attempted Illicit Sexual Conduct with a Minor was sentenced on March 20, 2017 by U.S. District Judge Karen E. Schreier.

Nathanuel Walter Downs, age 29, was sentenced to 63 months in custody, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Downs was indicted for Attempted Commercial Sex Trafficking by a federal grand jury on June 2, 2015; a Superseding Information was filed November 5, 2015, charging Attempted Illicit Sexual Conduct with a Minor. He pled guilty to the Superseding Information on October 17, 2016.

On April 10, 2015, Downs responded to an ad placed on Backpage.com by an undercover officer posing as a fifteen-year-old girl. Downs responded to the advertisement and agreed to travel to Sioux Falls, South Dakota, from Sioux City and pay to have sex with the minor. Police arrested Downs after he arrived at the agreed upon location in Sioux Falls and handed cash to an undercover officer.

This case was investigated by South Dakota Internet Crimes Against Children Task Force, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Division of Criminal Investigation, Department of Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Downs 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 Influencing a Federal Officer By Threat and Assaulting, Resisting, and Impeding a Federal Officer.

Ronald Red Tomahawk, age 31, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Influencing a Federal Officer is up to 10 years in custody and/or a $250,000 fine, and the maximum penalty for Assaulting, Resisting, and Impeding a Federal Officer is 8 years in custody and/or a $250,000 fine. Both charges could result in 3 years of supervised release, $100 to the Federal Crime Victims Fund, and restitution.

The Indictment alleges that on or about September 25, 2016, Red Tomahawk threatened to murder and forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties.

The charges are merely accusations and Red Tomahawk 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.

Red Tomahawk 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 Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and Larceny.

Justin Fast Horse, age 20, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Assaulting, Resisting, and Impeding a Federal Officer charge is up to 20 years in custody and/or a $250,000 fine, and the maximum penalty for Larceny is 5 years in custody and/or $250,000 fine. Both charges could result in 3 years of supervised release, and $100 to the Federal Crime Victims Fund and restitution.

The Indictment alleges that on or about March 3, 2017, Fast Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties. The Indictment also charges that on March 3, 2017, Fast Horse unlawfully took and carried away, with intent to steal and purloin, a pickup truck, owned by someone else.

The charges are merely accusations and Fast Horse 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.

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

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for devising and executing a scheme to defraud the Internal Revenue Service (IRS). Jacques Eviglo, owner of Global Income Tax Services, was indicted on ten counts of false claims on March 21, 2017.

According to the Indictment, between February 2015 and March 2016, Jacques Eviglo devised a scheme in which he prepared and filed several false U.S. Individual Income Tax Returns (Form 1040) for clients of his tax preparation business. Specifically, Eviglo filed federal tax returns with false deductions on Schedule A’s, resulting in refunds in which Eviglo knew his clients were not entitled.

The maximum penalties upon conviction for filing false claims against the government is five years in prison.

This case is the result of an investigation by the IRS-Criminal Investigation. It is being prosecuted by Assistant U.S. Attorney John Haak.

According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer visit https://www.irs.gov/uac/things-to-remember-when-choosing-a-tax-preparer.

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

George Little Eagle, Jr., a/k/a Gaylan Little Eagle, age 31, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on February 13, 2017, Little Eagle unlawfully committed a domestic assault upon his intimate partner, when at the time of the domestic assault, Little Eagle had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse of intimate partner.

The charge is merely an accusation and Little Eagle 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.

Little 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 Marty, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.

Eric Cournoyer, age 33, was sentenced to 39 months in custody, followed by three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Cournoyer was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on July 12, 2016. He pled guilty on December 28, 2016.

On April 2, 2016, Yankton Sioux Tribal Police were dispatched to the victim’s home in Marty. When they arrived, they found the victim with his face beaten and bloody, and his eyes swollen shut. He was treated for fractures to his nose and eye socket. Cournoyer had been drinking alcohol and attacked the victim while sleeping and defenseless.

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

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

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man was acquitted of Sexual Abuse and Sexual Abuse of a Minor as a result of a federal jury trial in Rapid City, South Dakota. The jury returned their verdict on March 23, 2017.

Eugenio White Hawk, Jr., age 35, was indicted by a federal grand jury on September 20, 2016.

The charges related to an alleged incident that occurred in September of 2015, when White Hawk allegedly engaged in a sexual act with a then 15-year-old female acquaintance.

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

United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Receipt of Images Depicting the Sexual Exploitation of Minors and Possession of Child Pornography.

Chavez Spotted Horse, age 39, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between January 1, 2013, and November 3, 2015, Spotted Horse knowingly received, via a computer device, images depicting minors involved in sexually explicit conducts and images of child pornography.

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

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

Spotted Horse 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 Little Eagle, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting, Resisting, and Impeding a Federal Officer and Domestic Assault by an Habitual Offender.

Charles Eagle Pipe, age 42, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on March 29, 2015, and January 19, 2017, Eagle Pipe assaulted two different officers with the Bureau of Indian Affairs, when the officers were assigned to perform law enforcement functions, and engaged in the performance of their official duties. The Indictment also alleges that on March 29, 2015, Eagle Pipe unlawfully committed a domestic assault upon his intimate partner, when at the time of the domestic assault, Eagle Pipe had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse of intimate partner.

The charges are merely accusations and Eagle Pipe 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.

Eagle Pipe 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 convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 7, 2017, by U.S. District Judge Roberto A. Lange.

Jordan Paul Cass, age 31, was sentenced to 8 months in custody, followed by 3 years of supervised release, $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Cass was indicted by a federal grand jury on November 9, 2016. He pled guilty on March 7, 2017. Cass admitted that on August 1, 2016, he 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. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

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 will be held in conjunction with National Crime Victim’s Rights Week and is hosted by the U.S. Attorney’s Office, the Oglala Sioux Tribe, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.

On the agenda is Nikki Munholand, a Tribal Administrator who survived a mass shooting which took place during a tribal council meeting in which four tribal members, including the Tribal Chairman, were killed. Sheriff Michael Poindexter was one of the responding officers who worked closely with the victims. They will share their story of survival and the effect of the shooting on the community.

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

The events 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.

Save The Date Flyer

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

Mary Left Hand Bull, age 26, was indicted on November 9, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 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, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on March 7, 2016, Left Hand Bull and her co-defendant, Lloyd One Star, knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance.

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

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

Left Hand Bull was released on bond pending trial, which has been set for April 25, 2017.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Cyberstalking was sentenced on March 22, 2017, by U.S. District Judge Karen E. Schreier.

Eugene Ogden, age 55, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Ogden was indicted for Cyberstalking by a federal grand jury on August 9, 2016. He pled guilty on November 21, 2016.

In July 2016, the victim in this case contacted the Sioux Falls Police Department reporting that strange men were coming to her home, indicating they were responding to a Craigslist ad for sex. Further investigation revealed that Ogden posted eight ads on the personal section of Craigslist that invited men to the victim’s home for sex. Each of the ads provided the victim’s address, along with a photo of the victim.

“This is Cyberstalking at its ugliest,” said U.S. Attorney Randy Seiler. “This type of dangerous, vindictive behavior is hard to comprehend, but unfortunately this type of malicious stunt is easy to execute in the cyber world. The sentence handed down serves as a reminder that these cases will be prosecuted to the full extent of the law.”

This case was investigated by Sioux Falls Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Ogden 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 has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Jonah Burning Breast, a/k/a Jonah Jarrett Burning Breast, a/k/a Jonah Jared Burning Breast, a/k/a Jonah Jared Big Crow, age 23, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark Moreno on March 17, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about the 2nd day of September 2016, in Todd County, South Dakota, Burning Breast knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The charges are merely accusations and Burning Breast 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.

Burning Breast was remanded to the custody of the U.S. Marshals Service pending trial, which is set for May 2, 2017.

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 and Assault Resulting in Serious Bodily Injury.

Dace Lunderman, age 32, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for each charge is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on January 6, 2017, Lunderman assaulted two individuals with a knife with intent to do bodily harm, and that one of the said assaults resulted in serious bodily injury.

The charge is merely an accusation and Lunderman 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.

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man charged with Simple Assault pled guilty and was sentenced on March 15, 2017, by U.S. Magistrate Judge Mark A. Moreno.

Paris James Bordeaux, age 27, was sentenced to 6 months in custody, and $10 to the Federal Crime Victims Fund. Restitution is being left open for 90 days. Bordeaux’s conviction will count as a domestic violence offense.

The conviction stems from an incident that took place on July 24, 2016, when officers with the Rosebud Sioux Tribe Law Enforcement Services responded to a call regarding domestic abuse occurring at a home in Okreek, in Todd County. Bordeaux admitted to assaulting the victim, who was an intimate partner of Bordeaux.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorneys Carrie G. Sanderson and Jeremy R. Jehangiri.

Bordeaux was ordered to report to the custody of the U.S. Marshals Service on April 18, 2017.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.

Dru Peterson, age 29, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Peterson was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 9, 2016. He pled guilty on December 28, 2016.

On August 27, 2015, Yankton Sioux Tribal Police officers responded to a call at the Fort Randall Casino of suspicious activity in a parked vehicle. Three individuals were in the vehicle, Dru Peterson, and two of his three co-defendants Wanda Fields and Lacey Crow. The fourth defendant, Renee Peterson, had been in the casino and, upon arriving at the car while the officers were questioning the others, gave officers permission to search the vehicle. Officers found 32.07 grams of methamphetamine and drug paraphernalia in the vehicle. All four individuals were arrested.

This case was investigated by Yankton Sioux Tribal Police and the Bureau of Indian Affairs. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Peterson was immediately turned over to the custody of the U.S. Marshals Service. Peterson’s co-defendants all pleaded guilty and are awaiting sentencing.

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

Michael Shane Thompson, age 44, was sentenced to time served, six months of home confinement, and three years of supervised released. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Thompson was indicted for Felon in Possession of Firearms by a federal grand jury on March 9, 2016. He pled guilty on December 15, 2016.

On February 11, 2016, Yankton Sioux Tribal Police responded to a welfare check on children in Lake Andes. Law enforcement observed the residence was unfit for any child’s welfare and safety. The children’s parents appeared to be under the influence of methamphetamine. Law enforcement observed drug paraphernalia and a sawed-off 12-gauge shotgun. A search warrant was obtained, and more firearms and miscellaneous ammunition were found in the home and garage.

This case was investigated by Yankton Sioux Tribal Police, and Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with two counts of Possession of a Firearm by a Prohibited Person.

Matthew Dubray, age 35, was charged on February 22, 2017. Dubray appeared before U.S. Magistrate Judge Daneta Wollmann on March 10, 2017, and pleaded not guilty to the charges.

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

The charge relates to Dubray, who was prohibited from possessing firearms, being in possession of two HiPoint 9mm pistols. The charges are merely accusations and Dubray is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Dubray was released 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 Failure to Register as a Sex Offender.

Trevor Red Bird, age 28, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 16, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in prison 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.

Red Bird was convicted of Abusive Sexual Contact in May 2008. As a result of this conviction, he is required to register as a sex offender. It is alleged that between September 15, 2016, and November 8, 2016, Red Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

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

The investigation is being conducted by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

Red Bird 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 Marshall, Minnesota, woman has been indicted by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.

Angelica Marie Hatch-Pequin, age 27, was indicted on March 7, 2017. She appeared before U.S. Magistrate Judge Veronica Duffy on March 14, 2017, and pled not guilty to the Indictment.

The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 30 years of imprisonment and/or a $1,000,000 fine; Aggravated Identity Theft requires a mandatory 2 years of imprisonment to be served consecutively to any term of imprisonment for the Conspiracy to Commit Bank Fraud offense; and Possession with Intent to Distribute Methamphetamine has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.

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

The charges are merely accusations and Hatch-Pequin is presumed innocent until and unless proven guilty.

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

Hatch-Pequin was ordered detained pending trial. A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon.

Jeremy Lee Old Horse, age 31, was charged on January 24, 2017. Old Horse appeared before U.S. Magistrate Judge Daneta Wollmann on March 10, 2017, and pleaded not guilty to the charge.

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

The charge relates to Old Horse stabbing a woman in July 2016 at Wounded Knee. The charge is merely an accusation and Old Horse 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 Ben Patterson is prosecuting the case.

Old Horse was released pending trial. A trial date has not been set.

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

Tyrell Redstar Eastman, age 20, was indicted on February 7, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 14, 2017, and pled not guilty to the Indictment.

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

According to the indictment, between August 15, 2014, and April 2, 2015, Eastman engaged in sexual acts with a juvenile female. To perpetrate the sexual assault, Eastman used force.

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

The investigation is being conducted by the Federal Bureau of Investigation, and Sisseton-Wahpeton Sioux Tribe Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

Eastman was ordered detained 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 March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 16, 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 $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 11, 2017, Yellow Earring assaulted two adults, causing serious injuries to one of them.

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.

Under federal statute, the United States Attorney for the District of South Dakota, Randolph J. Seiler, will remain in his current appointed position until the President nominates and the U.S. Senate confirms his successor. Seiler has not been asked to tender his resignation.

Seiler assumed the duties of Acting U.S. Attorney for the District of South Dakota on March 12, 2015, when former U.S. Attorney Brendan Johnson resigned. In October of that same year, Seiler received the official nomination by President Barack Obama to be the 41st U.S. Attorney for the District of South Dakota. Pursuant to an order signed by then U.S. Attorney General Loretta Lynch on October 6, 2015, Seiler was sworn in that same day by U.S. District Judge Roberto A. Lange, at a ceremony at the U.S. District Courthouse in Pierre, South Dakota.

Seiler’s nomination was sent to the U.S. Senate for confirmation, but it was not acted upon in the allotted timeframe. Given that, federal statute 28 USC 546 – subsection (d) provides the U.S. District Court the authority to appoint a U. S. Attorney. Subsequently, Chief Judge Jeffrey L. Viken, U.S. District Court, ordered Randolph J. Seiler as the U.S. Attorney for the District of South Dakota, effective February 5, 2016. Statutorily, Seiler can remain in his position until it is filled by the new administration.

Seiler has been with the U.S. Attorney’s Office for over 20 years. From November 2009 to March 2015, Seiler served as both the First Assistant U.S. Attorney and the Tribal Liaison for the District of South Dakota. Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state.

Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008. He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.

He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.

Heloise Westbrook, MD, of Owensboro, Kentucky, formerly of Aberdeen, South Dakota, was sentenced on March 6, 2017, on three misdemeanor charges of Fraudulent Returns, Statements, or Other Documents in U.S. District Court.

She was sentenced to five years of probation on each count to run concurrently, restitution to the Internal Revenue Service (IRS) in the amount of $184,871.21, an $8800.00 fine, and a $75 special assessment. In addition, Westbrook will be required to serve 100 days in the Daviess County Detention Center in Kentucky (2 days and 2 nights each consecutive weekend for a period of 50 weeks).

Westbrook was originally charged with one count of Impeding the Administration of the Internal Revenue Laws.

Westbrook is a medical doctor who operated a medical practice in Aberdeen, including between 2004 and 2010. Her medical practice was organized as a wholly-owned professional corporation, and she filed corporate income tax returns, in addition to personal income tax returns.

In a a civil audit, the IRS agent assigned identified numerous entries that Westbrook had identified as business expenses for purposes of her corporate tax returns and deducted them as business expenses. Her claimed business expenses were not, in fact, business related, but rather personal expenses incurred to pay for her own wedding celebration.

She pled guilty to three misdemeanor charges of Fraudulent Returns, Statements, or Other Documents on December 2, 2016.

Assistant U.S. Attorney Kevin Koliner prosecuted the case. The investigation was conducted by the Internal Revenue Service, Criminal Investigations Division.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 8, 2017, by U.S. District Judge Roberto A. Lange.

Miles Condon, age 25, was sentenced to 36 months of custody on each charge 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.

Condon was indicted by a federal grand jury on October 12, 2016. He pled guilty on December 13, 2016.

The Assault Resulting in Serious Bodily Injury conviction stems from an incident on August 3, 2016, when the victim was walking by Condon’s residence in Dupree. Condon, who had been drinking alcohol, called him over to ask him for some money. A verbal argument ensued between the two men. During the course of the argument, the victim called Condon a derogatory name, and Condon retrieved a golf club that was already outside. The victim began to back away at that point, and Condon continued to swing the golf club and struck the victim above the left ear. The blow caused a 2½” long and ½” wide gash to the victim’s skull. As Condon continued to swing, the victim reached out and grabbed the club, which caused Condon to fall to the ground. The victim left and went to his mother’s house and called the police. The victim was ultimately taken to the emergency room at the Indian Health Service Hospital and then transported to Rapid City Regional Hospital with a skull fracture. When law enforcement responded, Condon resisted arrest.

The Defendant was indicted for the assault on October 12, 2016. On October 13, 2016, law enforcement officials from the Cheyenne River Sioux Tribe and the Ziebach County Sheriff’s Office went to Condon's house in Dupree to execute the federal arrest warrant stemming from that Indictment. They were let into the home, and found Condon asleep/passed out on the floor of the residence. Condon was advised he was under arrest and handcuffed. He became belligerent and combative, and told the officers he was going to “act up.” While they were walking him to the patrol car, Condon began grinding his teeth, stiffened up, and was dragging his feet to the point where the officers had to drag him in order to move him in the direction of where their patrol cars were parked. They told Condon to relax several times. When they got to the patrol car, they leaned Condon over the trunk so they could get the back door open. Condon slammed his head down on the trunk of the patrol car twice before they were able to pull him away. The officers decided to put leg irons on Condon, and when one of the officers stepped away to open the trunk of the patrol car and retrieve the leg irons, Condon attempted to jerk away from, and struggled with another one of the officers. Condon was taken to the ground and leg irons were put on him.

Condon was transported to the Cheyenne River Adult Detention Facility to be booked into the jail. There, he became combative and belligerent with Detention staff. As they were leading him from the patrol car into the booking area, Condon again tensed up and was verbally abusive. Condon refused to cooperate as the detention officer attempted to search him. They physically placed him onto the counter of the booking area so they could finish searching Condon. Once the search was complete, Condon was taken into a holding cell. After one of the detention officers removed one of the leg restraints, Condon kicked the detention officer on the right side of his face/head, near his eye, knocking off the correctional officer’s glasses. The detention officers completed swapping out the leg restraints and then exited the holding cell.

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

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

United States Attorney Randolph J. Seiler announced that an Aurora, Colorado, man has been indicted by a federal grand jury for Sexual Contact by Force, Sexual Contact with a Minor, and Sexual Contact.

Isaac Padilla, age 23, was indicted on March 7, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 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, up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on February 25, 2017, Padilla knowingly engaged in and attempted to engage in sexual contact with two women, one of them a juvenile who had not attained the age of 16 and was 4 years younger than Padilla.

The charges are merely accusations and Padilla 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.

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

United States Attorney Randolph J. Seiler announced that a White Horse, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury was sentenced on March 7, 2017, by U.S. District Judge Roberto A. Lange.

Shawn Traversie, age 32, was sentenced to 5 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Traversie was indicted by a federal grand jury on February 17, 2016. He pled guilty on December 12, 2016.

The conviction stems from an incident on December 10, 2015, when Traversie and the victim began to argue. Traversie struck the victim’s right eye with his fist. The victim saw flashes of light from the blow and was knocked off the bed and onto the floor. When the victim was still on the floor, Traversie stuck her a couple of more times on the top of the head. The victim felt that her eye socket might have some damage. In the days following the assault, she continued having headaches and felt nauseated, dizzy, and lost her balance when she stood. The victim had a non-acute fracture to a small bone in the right eye socket.

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

Traversie 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 Possession of Unregistered Firearms was sentenced on March 6, 2017, by U.S. District Judge Karen E. Schreier.

Darren Stepp-Zafft, age 30, was sentenced to 37 months in custody, followed by 3 years of supervised release. He was also ordered to pay $300 to the Federal Crime Victims Fund.

Stepp-Zafft was indicted for Possession of Unregistered Firearms by a federal grand jury on May 10, 2016. He pled not guilty on May 23, 2016.

On December 10, 2015, law enforcement officers searched Stepp-Zafft’s Sioux Falls residence looking for evidence of a firearm that discharged into an adjoining neighbor’s apartment. During the search, officers found the defendant to be in possession of two illegal firearm silencers, five illegal short rifles, and nine illegal destructive devices that could be readily assembled into grenades. Zafft went to trial and the jury convicted him of all counts.

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

Stepp-Zafft was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Bismarck, North Dakota, woman has been indicted by a federal grand jury for Obstruction of Justice and False Statements.

Sherrae Two Hearts, a/k/a Sherrae Twohearts, age 38, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge William D. Gerdes on March 8, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 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 June 28, 2016, Two Hearts knowingly intimidated, corruptly persuaded, and engaged in misleading conduct toward her juvenile son, and attempted to do so by instructing him to falsely report to law enforcement authorities acts of child abuse and neglect. The Indictment also alleges that Two Hearts knowingly and willfully made a materially false, fictitious, and fraudulent statement and representation and told agents with the Bureau of Indian Affairs that her children were being abused and neglected when she knew these statements were not true.

The charges are merely accusations and Two Hearts 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.

Two Hearts 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 Mission, South Dakota, woman convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.

Abigail Marie Garneaux, a/k/a Abigail Marie Garcia, age 29, was sentenced to 6 months in custody, to be followed by 6 months of home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Garneaux was indicted by a federal grand jury on July 19, 2016. She pled guilty on December 5, 2016.

The conviction stemmed from an incident on the evening of May 28, 2016. A Rosebud Sioux Tribe Law Enforcement Services Officer observed a vehicle parked on the highway, with visible open alcohol containers inside. Garneaux was in the driver’s seat and officers asked her to exit the vehicle. Garneaux failed field sobriety tests and the officer informed her she was going to be arrested. Without provocation, Garneaux proceeded to pepper spray the officer directly in his face.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Garneaux 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 Possession of a Stolen Firearm was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.

Harold Fuller, Jr., age 38, was sentenced to 9 months in custody, followed by 18 months of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Fuller was also ordered to pay restitution to the owner of the firearm.

Fuller was indicted by a federal grand jury on July 19, 2016. He pled guilty on December 2, 2016.

The conviction stemmed from an incident on February 22, 2016. Fuller unlawfully took a duffle bag and tools from a vehicle. A firearm was in the duffle bag and Fuller later attempted to sell the firearm.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that an Edgemont, South Dakota, man convicted of Transfer of Obscene Matter to a Minor was sentenced on March 6, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Darren Scott Heller, age 49, was sentenced to 60 months of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Heller was charged on March 22, 2016. The conviction stems from Heller sending obscene material to a minor female from his smartphone in May 2015.

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, woman convicted of Forgery and Failure to Appear was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.

Daryl Eagle Horse, a/k/a Daryl Hawk Eagle, age 29, was sentenced to 2 years of probation on the Forgery charge, and 6 months in custody on the Failure to Appear charge. She was also ordered to pay restitution in the amount of $500.00, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.

Eagle Horse was indicted by a federal grand jury on October 12, 2016 on the Forgery charge and on November 8, 2016 on the Failure to Appear charge. She pled guilty on December 12, 2016, to both charges.

Forgery conviction stems from an incident on May 29, 2016, when Eagle Horse, along with two other co-defendants forged 17 checks on the account of the Cheyenne River Management Corporation. Eagle Horse cashed two of those 17 fraudulent checks.

Eagle Horse made her initial appearance for the forgeries on October 14, 2016, before U.S. Magistrate Judge Mark Moreno. She was released on a Personal Recognizance Bond that same day. Eagle Horse’s arraignment was scheduled for Tuesday, November 1, 2016, at 1:15 p.m. She failed to appear for said hearing. The hearing was re-scheduled for 1:00 p.m. on Wednesday, November 2, 2016. Eagle Horse failed to appear for that hearing as well.

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

Eagle Horse 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 Robbery, Interference with Commerce by Threats or Violence, and Carrying or Possessing a Firearm During and in Relation to a Crime of Violence.

Kobe Houston, age 19, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 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 July 2, 2016, Houston aided and abetted others in taking U.S. currency and cigarettes from a clerk at the Eagle Stop Gas Station in Eagle Butte, through the use of force by brandishing a firearm, thus unlawfully obstructing, delaying, and affecting commerce.

The charges are merely accusations and Houston 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.

Houston was released on bond pending trial which has been set for April 18, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Discharging a Firearm During and in Relation to a Crime of Violence.

Kirk Johnson, age 47, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 6, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on January 9, 2017, Johnson unlawfully assaulted an adult male with a firearm. The indictment also alleges that Johnson knowingly carried and used said firearm during a crime of violence.

The charges are merely accusations and Johnson 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.

Johnson 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 Deadwood, South Dakota, man was charged in federal district court with Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance.

Michael Mamola, age 36, was charged on January 24, 2017. Mamola appeared before U.S. Magistrate Judge Daneta Wollmann on February 27, 2017, and pleaded not guilty to the charges.

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

The charges relate to Mamola conspiring with another person to distribute and distributing methamphetamine near Deadwood. The charges are merely an accusation and Mamola is presumed innocent until and unless proven guilty.

The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Mamola was detained pending trial. A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily Injury was sentenced on February 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

As to the charge of Assault with the Intent to Commit Murder, Phyllis Lucero, age 48, was sentenced to 20 years in custody, 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, Lucero was sentenced to 10 years in custody, 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The sentences were ordered to be served concurrently.

The conviction stems from Lucero, Daniel Hess, a/k/a Jason Hess, and Seth Hernandez, driving to a 73-year-old woman’s home on the evening of October 17, 2015, and breaking in with the intent to assault two victims and steal property, 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 and strangled the adult male victim until he was unconscious.

Lucero assaulted the 73-year-old female victim with her hands, feet and a dangerous weapon. As the elderly woman was lying in a pool of blood, the defendants went in and out of the home, removing personal property and loading it into the victim’s brand new pickup truck. Thinking the woman was dead, Lucero, Hess, and Hernandez fled the residence in the 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 also 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 Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Ben Patterson prosecuted the case.

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

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

Brooke Malenia Ducheneaux, age 30, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark Moreno on February 22, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that between March 1, 2014, and January of 2017, Ducheneaux knowingly and intentionally conspired to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. The indictment further alleges that on March 14, 2016, in Dewey County, South Dakota, Ducheneaux did knowingly and intentionally possess methamphetamine with the intent to distribute it.

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

The investigation is being conducted by the Federal Bureau of Investigation, 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 is prosecuting the case.

Ducheneaux 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 Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for Possession of an Unregistered Firearm and Possession of a Firearm by a Prohibited Person.

Wacey James Long, age 29, and Shawnda Cyrene Dupris, age 31, were indicted on February 15, 2017. Both appeared before U.S. Magistrate Judge Mark A. Moreno on February 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on September 16, 2016, both Long and Dupris knowingly received and possessed a shotgun firearm having a barrel length of less than 18 inches and an overall length of less than 26 inches, that was not registered to them in the National Firearms Registration and Transfer Record database. The Indictment also alleges that on the same day, both Long and Dupris, knowingly received and possessed the shotgun firearm even though they were prohibited from doing so because they are unlawful users of and addicted to a controlled substance.

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

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

Long was remanded to the custody of the U.S. Marshals Service, and Dupris was released pending trial. Trial is set for April 18, 2017.

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

Stanley Patrick Weber, age 68, was indicted on February 22, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on March 1, 2017. He pleaded not guilty to the Indictment.

The penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Weber sexually abusing minors between 1999 and 2011 while employed as a physician with Indian Health Services at Pine Ridge. The charges are merely an accusation and Weber is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Health and Human Services Office of Inspector General, the Bureau of Indian Affairs Office of Justice Services, the Internet Crimes Against Children Taskforce, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.

Weber was released pending trial. A trial date has been scheduled for May 9, 2017.

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

Samantha Dolezal, a/k/a Samantha Good Low, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 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 August 21, 2016, Dolezal forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs by using a dangerous weapon and causing bodily injury to the officer, who was engaged in the performance of his official duties and employed as a federal law enforcement officer.

The charge is merely an accusation and Dolezal 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.

Dolezal 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 Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.

Kyle Marks, age 32, was sentenced to 30 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Marks was indicted by a federal grand jury on November 9, 2016. He pled guilty on December 20, 2016.

The conviction stems from Marks failing to register as a sex offender, as required by federal law, between September 1, 2016, and October 12, 2016. Marks had previously been convicted of a sex offense in federal court, which required him to register as a sex offender.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Marks 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 Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Gordon Bagola, age 62, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 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 July 31, 2016, Bagola unlawfully assaulted a male with a knife, which resulted in serious bodily injury.

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

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Bagola was released on bond pending trial, which has been set for April 18, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 21, 2017, by U.S. District Judge Roberto A. Lange.

Duciana Eagle Chasing, a/k/a Duciana Ranay Comes Flying, age 40, was sentenced to 6 months in custody, 3 years of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Eagle Chasing was indicted by a federal grand jury on July 19, 2016, for Distribution of a Controlled Substance between May 10, 2016, and May 27, 2016. Eagle Chasing pled guilty on November 8, 2016, admitting that she distributed methamphetamine, a Schedule II controlled substance, in South Dakota on May 10, 12, and 27, 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.

Eagle Chasing 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 Distribution of a Controlled Substance and Escape was sentenced on January 3, 2017, by U.S. District Judge Roberto A. Lange.

Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was sentenced for Distribution of a Controlled Substance, to 15 months in custody, 3 years of supervised release, a $1,000 fine, and the forfeiture of $1,520.00 in U.S. currency seized by law enforcement. LeCompte was sentenced to 10 months in custody for Escape, the sentence to run concurrently with the Distribution sentence. He was further ordered to pay a special assessment of $200 to the Federal Crime Victims Fund.

LeCompte was indicted by a federal grand jury on August 16, 2016, for Distribution of a Controlled Substance. He pled guilty to Distribution of a Controlled Substance on October 4, 2016. LeCompte was also indicted by a federal grand jury on November 9, 2016, for Escape, and pled guilty to that charge on December 20, 2016.

LeCompte admitted to distributing methamphetamine, a Schedule II controlled substance, on June 25, 2016, in South Dakota, and that U.S. currency seized by law enforcement on another date was proceeds of a criminal offense.

In the Escape case, LeCompte requested and was granted a one-day furlough to attend a funeral in Eagle Butte on October 19, 2016. LeCompte admitted that he failed to return to the Hughes County Jail in Pierre that evening, as ordered by the Court. LeCompte was arrested in Cherry Creek on the evening of October 20, 2016.

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

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

United States Attorney Randolph J. Seiler announced that a Colorado Springs, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.

James Andrew Boswell, age 29, was sentenced to 48 months in custody, 3 years of supervised release, a $1,000 fine, the forfeiture of two firearms, $1,408.85 in United States currency seized by law enforcement, and a $100 special assessment to the Federal Crime Victims Fund.

Boswell was indicted by a federal grand jury on June 14, 2016. He pled guilty on November 22, 2016.

On May 9, 2016, Boswell was stopped by law enforcement in Lower Brule, South Dakota, on a traffic violation. Law enforcement determined that Boswell had an active arrest warrant for attempted murder out of Colorado. Inside Boswell’s vehicle was found 160 grams of methamphetamine and a cutting agent, heroin, drug paraphernalia, and two firearms. As part of his guilty plea, Boswell admitted that, since April of 2016, he had received distributable quantities of methamphetamine, a Schedule II controlled substance, from other individuals who knew that he intended to engage in further distribution of methamphetamine, and that he distributed methamphetamine to other individuals in South Dakota. Boswell further admitted that the methamphetamine, cash, and firearms found in his vehicle belonged to him, and that it was reasonably foreseeable to him that more than 50 grams of methamphetamine would be distributed over the course of the conspiracy.

This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency, the South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.

Delano White Face, age 41, was sentenced to 33 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.

White Face was indicted by a federal grand jury on June 14, 2016. He pled guilty on December 13, 2016.

The conviction stems from White Face failing to register as a sex offender as required by federal law between August 1, 2015, and June 14, 2016. White Face 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 Jay Miller prosecuted the case.

White Face 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 Assaulting, Resisting, and Impeding a Federal Officer.

Conroy Chasing In Timber, age 34, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about December 24, 2016, Chasing In Timber did forcibly assault, resist, oppose, impede, intimidate, and interfere with a corrections officer from the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties.

The charge is merely an accusation and Chasing In Timber 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.

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