District of South Dakota

United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Kelly Tyrell Bell, age 27, was sentenced to 6 months’ custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Bell pleaded guilty to the charge on May 20, 2016.  The conviction stems from Bell having sexual contact with another male, who was incapable of declining participation in the sexual contact, in the Kyle jail on January 22, 2016.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

Bell was immediately returned 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 With Intent to Distribute Methamphetamine was sentenced on October 31, 2016, by U.S. District Judge Karen E. Schreier.

James Joseph Thompson, age 37, was sentenced to 150 months in custody, to be followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Thompson was indicted by a federal grand jury for possession with intent to distribute a controlled substance on May 10, 2016.  He was found guilty on August 10, 2016, after a two-day jury trial.

On August 26, 2015, a search warrant was executed at Thompson’s residence in Sioux Falls.  Law enforcement located approximately 19 grams of methamphetamine, drug dealing paraphernalia, and over $26,000 in cash.  During the execution of this warrant, law enforcement learned that Thompson had rented a storage unit in Luverne, Minnesota.  A search warrant was obtained for that storage unit and on August 27, 2015, law enforcement executed the warrant and located approximately 116 grams of methamphetamine and over $36,000 in cash.

Administration.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Lavern E. Looking Cloud, age 33, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Looking Cloud pleaded guilty to the charge on July 15, 2016.

The charge related to Looking Cloud failing to register as a convicted sex offender between April 25, 2014, and June 16, 2015.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on October 28, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Rudolph Twiss, a/k/a Rudy Twiss, age 19, was sentenced to time served in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Twiss pleaded guilty to the charge on July 1, 2016.

The charge related to Twiss stabbing the male victim in the neck with a knife on September 13, 2015, at Pine Ridge.  The victim was transported to the hospital and received eight staples to his neck to close the wound.

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

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

Charles Drust Jr., age 62, was indicted on October 18, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on November 2, 2016. He pleaded not guilty to the Indictment.

The penalty upon conviction is a minimum of 5 years up to 20 years of 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 Drust using a computer to receive and possess images of child pornography. The charges are merely an accusation and Drust is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah Collins is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man convicted of Kidnapping was sentenced on October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jesse Miller, age 29, was sentenced to 30 years’ custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Miller pleaded guilty to the charge on July 1, 2016.  The conviction stems from Miller holding a middle-aged woman against her will in her home on April 6, 2016, near Porcupine.  Miller then sexually assaulted the victim, using force against her by grabbing her, hitting and slapping her, dragging her from one room in her home to another while holding her throat, and pushing her down onto a bed.  For a period of time Miller prevented her from leaving or moving about of her own free will.  The victim was eventually able to run from the residence to a neighbor’s house for help after Miller passed out in her bed.

This case was investigated 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 prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced on October 24, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jerome Warrior, age 20, was sentenced to 14 years’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Warrior pleaded guilty to the charge on July 8, 2016.  The charge related to Warrior and others striking the victim with a cinder block, kicking the victim in the head and face, beating the victim with a stick, and striking the victim in the back of his head with a machete on July 12, 2015.  The cause of death was multiple blunt trauma to the head, including a skull fracture and hemorrhaging.

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

Warrior was immediately returned 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 Distribution of a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Smokey James Jandreau, age 39, was indicted on August 16, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on November 2, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction for the distribution of controlled substances charge is up to 20 years in custody and/or a $1,000,000 fine, and up to life of supervised release.  The maximum penalty upon conviction for the firearms charge is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release.  Both charges require a payment of $100 to the Federal Crime Victims Fund and restitution may be ordered.

The Indictment alleges that on July 2, 6, and 24, 2016, in the District of South Dakota, Jandreau knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.  The Indictment further alleges that on July 26, 2016, in Eagle Butte, Jandreau unlawfully received and possessed a firearm when he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Jandreau was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for November 29, 2016.

United States Attorney Randolph J. Seiler announced that a Batesland, South Dakota, man convicted of Robbery and Use and Brandishing of a Firearm during the Commission of a Crime of Violence was sentenced on October 28, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jeremy Crow, age 23, was sentenced to 7 years in custody, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Crow pleaded guilty to the charges on July 15, 2016.

The conviction stems from Crow and another individual using a firearm to rob two females of personal items in Pine Ridge on June 4, 2015.

This case was investigated 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 prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Phoenix, Arizona, woman has been indicted by a federal grand jury for Possession of Fifteen or more Unauthorized Access Devices.

Lauren Montgomery, age 29, was indicted on March 22, 2016.  Montgomery appeared before U.S. Magistrate Judge Daneta Wollmann on October 28, 2016, and pleaded not guilty to the Indictment.

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

The charge relates to Montgomery possessing 15 or more unauthorized and counterfeit access devices, that is, names, dates of birth, and social security numbers issued to other persons on March 9, 2015, near Belle Fourche.

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

The investigation is being conducted by the Department of the Treasury, Internal Revenue Service.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Montgomery was released on bond pending trial.

United States Attorney Randolph J. Seiler announced that three people have been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, and for Accessory After the Fact.

Those indicted on October 12, 2016, were: Kevin White, age 28, of St. Francis, South Dakota; Frank Swalley, Jr., age 33, of Mission, South Dakota; and Delores Schweigman-Long, age 40, of St. Francis, South Dakota.  All three appeared before U.S. Magistrate Judge Mark Moreno on October 19, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of Assaulting, Resisting, and Impeding a Federal Officer 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.  The maximum penalty upon conviction of Accessory After the Fact is up to 4 years in custody and/or a $120,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Each Defendant may be ordered to pay restitution.

The Indictment alleges that on September 3, 2016, in St. Francis, White and Swalley did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer, and did aid and abet each other in the commission of the offense, while the officer was engaged in his official duties. The Indictment also alleges that on September 3, 2016, in St. Francis, Schweigman-Long knew that the offense of Assault of a Federal Officer occurred and she did receive, relieve, comfort and assisted Kevin White, in order to hinder and prevent White’s apprehension, trial, and punishment.

The charges are merely an accusation and White, Swalley, and Schweigman-Long 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 Carrie G. Sanderson is prosecuting the case.   

White, Swalley, and Schweigman-Long were released pending trial.  Trial dates have not been set.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on October 24, 2016, by U.S. District Judge Roberto A. Lange.

Tianna Leaf Arellano, age 30, was sentenced to 25 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Arellano was indicted for one count of Assault With a Dangerous Weapon, and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 17, 2016.  She pled guilty to Assault With a Dangerous Weapon on August 3, 2016.

On the morning of December 26, 2015, Arellano and others were at the home of a family member south of Mission. Arellano got in an argument with a family member, the victim, and picked up a knife.  She stabbed the victim in the abdomen several times causing multiple internal injuries, including a lacerated liver.  The victim was taken to the hospital in Valentine, Nebraska, and then transported by Life Flight to Rapid City Regional Hospital in Rapid City, South Dakota, for further treatment.

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

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

United States Attorney Randolph J. Seiler announced that a Promise, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance.

Emmett Delaine Traversie, age 21, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 26, 2016, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that twice on July 9, 2016, and again on July 12, 2016, in Lantry, Dupree, and Eagle Butte, South Dakota, Traversie knowingly and intentionally distributed methamphetamine in violation of federal law.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Traversie was released on a personal recognizance bond pending trial, which has been set for December 13, 2016.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Burglary, Identity Theft, Larceny, and Forgery.

Bryan Raye Herman, age 51, was indicted on October 18, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollmann on October 24, 2016, 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 a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that between June 20, 2016, and July 20, 2016, Herman broke into the home of an acquaintance in Todd County, South Dakota, and stole multiple blank checks, which he subsequently cashed at various locations by forging the account holder’s signature.

The charges are merely accusations and Herman 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.   

Herman was released on bond 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 counts of Abusive Sexual Contact.

Darrell Janis, age 57, was indicted on October 18, 2016.  Janis appeared before U.S. Magistrate Judge Daneta Wollmann on October 21, 2016, and pleaded 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Janis using force to have sexual contact with a child who had not attained the age of 12 years old, on December 11, 2015, at Kyle.

The charges are merely accusations and Janis 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.

Janis was released on bond pending trial.  A trial date has been set for December 27, 2016.

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Larceny.

Tally Colombe, age 41, was indicted on October 12, 2016.  She appeared before U.S. Magistrate Judge Mark Moreno on October 18, 2016, 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 charge relates to Colombe stealing funds belonging to Hunkpati Investments. The charge is merely an accusation and Colombe is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigations and the United States Attorney’s Office.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Colombe was released pending trial.  A trial date has been set for Tuesday, December 13, 2016.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Mailing Threatening Communications and Failure to Register as a Sex Offender was sentenced on October 24, 2016, by U.S. District Judge Roberto A. Lange.

Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 41, was sentenced to 30 months in custody on each of the two offenses, with the sentences to run concurrently with each other.  Following his release from custody, Sampson will be on supervised release for 5 years on the Failure to Register as a Sex Offender conviction.  A special assessment of $100 to the Federal Crime Victims Fund was imposed in each of the two cases.

Sampson was indicted by federal grand juries in March of 2016, for Mailing Threatening Communications and Failure to Register as a Sex Offender.   He pled guilty to the charges in both indictments on August 8, 2016.

In 2003, Sampson was convicted of Aggravated Sexual Abuse of a Minor and sentenced to 151 months in custody.  While in custody for that conviction, Sampson began writing letters to the adult daughter of a former employer.  Over time, the letters became more concerning to the victim and more sexually explicit.  While out on supervised release after serving his custody sentence, Sampson wrote a letter to the victim in October of 2015.  The content of the letter prompted the Court to order Sampson not to enter onto the premises, travel past, or loiter near where the victim resides, and to have no correspondence, telephone contact, or communication with her through a third party.  Three days later, Sampson addressed a letter to the victim’s brother, in which he indicated he planned to kill the victim.

As a result of Sampson’s conviction for Aggravated Sexual Abuse of a Minor, he is required to register as a sex offender for the rest of his life.  In addition, he is required to update his registration within three business days of relocation or change in employment.  On March 25, 2013, Sampson transitioned from Leavenworth, Kansas, to Community Alternatives of the Black Hills (CABH), Rapid City, South Dakota, to serve the remainder of his prison sentence.  Sampson absconded from the facility and from supervision on April 10, 2013.  Sampson self-surrendered to law enforcement on April 23, 2013.  Sampson did not register his address during the 13 days he was on absconder status from CABH.    

This case was investigated by the Federal Bureau of Investigation and the United States Marshals Service.  Assistant U.S. Attorney Jay Miller prosecuted the cases.

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

United States Attorney Randolph J. Seiler announced that a Canton, South Dakota, man convicted of money laundering was sentenced on October 24, 2016, by U.S. District Judge Karen E. Schreier.

Kenneth Hunsucker, age 51, was sentenced to 24 months in custody.     

He was indicted on the charges of Interstate Transportation of Stolen Property, Wire Fraud, and Money Laundering by a federal grand jury on December 2, 2014.  He pled guilty to Money Laundering on July 25, 2016.

Hunsucker opened “Canton PC Repair” in the spring of 2013.  Two months later he began using the “Canton PC Repair” business name to sell stolen merchandise on eBay.  Hunsucker paid individuals for items he knew were stolen and also provided them with a list of items he would like to purchase. Many of the items he sold were stolen from merchants in the Sioux Falls area.  He then sold the stolen merchandise on eBay and collected the proceeds through four different PayPal accounts.  In the 16 months from May 2013 until September 2014, Hunsucker received nearly $120,000 from the sale of stolen merchandise.

This case was investigated by the South Dakota Division of Criminal Investigation, Lincoln County Sheriff’s Office, Federal Bureau of Investigation, and the Internal Revenue Service.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Hunsucker will self-report to the custody of the U.S. Marshals Service at a later date.

United States Attorney Randolph J. Seiler announced today that Assistant U.S. Attorney (AUSA) Kevin Koliner will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections.  AUSA Koliner has been appointed to serve as the District Election Officer (DEO) for the District of South Dakota, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters in Washington.

 “Every citizen must be able to vote without interference or discrimination and to have that vote counted.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process,” said U.S. Attorney Seiler.

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Seiler stated that AUSA/DEO Koliner will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone number: 605-357-2354.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 605-334-6881.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

“Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division,” added U.S. Attorney Seiler.

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.

Ennors Abraham Quick Bear, age 28, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

On September 26, 2012, Quick Bear was convicted of Sexual Abuse of a Minor.  As a result of his conviction, he is required to register as a sex offender.  It is alleged that between August 12, 2016, and September 15, 2016, Quick Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.

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

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

Quick Bear 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 Darren Kyle Stepp-Zafft, age 30, of Sioux Falls, South Dakota, was found guilty of three counts of Possession of Unregistered Firearms as a result of a federal jury trial in Sioux Falls.

The charges carry a maximum penalty of 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

 Zafft was indicted by a federal grand jury on May 10, 2016. Law enforcement officers searched Zafft’s Sioux Falls residence on December 10, 2015, 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.

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

A presentence investigation was ordered.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Escape from Custody.

Kane Youngman, age 21, was indicted on August 23, 2016.  Youngman appeared before U.S. Magistrate Judge Daneta Wollmann on October 12, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 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 charge relates to Youngman escaping from the custody of the Bureau of Prisons at the Community Alternatives of the Black Hills, where he was in custody on August 1, 2016.

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

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

Youngman was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for December 20, 2016.

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

Harlan Two Eagle, age 33, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on October 20, 2016, 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 $100 to the Federal Crime Victims Fund.  Upon conviction, unless the Sentencing Court finds Two Eagle to be indigent, an additional mandatory special assessment of $5,000 will be imposed.  Restitution may also be ordered.

The indictment alleges that on December 22, 2015, in Mission, South Dakota, Two Eagle knowingly engaged in, and attempted to engage in, a sexual act with the victim by the use of force.

The charge is merely an accusation 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 Carrie G. Sanderson is prosecuting the case.   

Two Eagle was released to a third party custodian pending trial. A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Conrad James Medicine Crow, age 44, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 2016, 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 16, 2016, Medicine Crow unlawfully assault the victim by running her over with his vehicle, and as a result the victim suffered serious bodily injury.

The charge is merely an accusation and Medicine Crow 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.   

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

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Larceny.

Tally Colombe, age 41, was indicted on October 12, 2016.  She appeared before U.S. Magistrate Judge Mark Moreno on October 18, 2016, 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 charge relates to Colombe stealing funds belonging to Hunkpati Investments. The charge is merely an accusation and Colombe is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigations and the United States Attorney’s Office.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Colombe was released pending trial.  A trial date has been set for Tuesday, December 13, 2016.

United States Attorney Randolph J. Seiler announced that a Waubay, South Dakota, man has been charged with the federal offense of Misprision of a Felony by an Indictment filed August 16, 2016.

Justin Grey, age 24, appeared before U.S. Magistrate Judge William D. Gerdes on October 13, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 3 years of 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 Indictment alleges that on or about June 10, 2014, Grey failed to report a crime of which he had knowledge to the proper authorities.  Grey and another are alleged to have witnessed an assault resulting in serious bodily injury, and failing to report or help seek aid for a victim who ultimately died of her injuries.

The charge is merely an accusation and Grey 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.   

Grey was released pending trial, which has been set for December 20, 2016.

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United States Attorney Randolph J. Seiler announced that a South Dakota, woman has been charged with the federal offenses of First Degree Murder, Second Degree Murder, Assault Resulting in Serious Bodily Injury to a Child, and Child Abuse by an Indictment filed October 18, 2016.

Desarae Makes Him First, age 25, appeared before U.S. Magistrate Judge William D. Gerdes on October 20, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory sentence of life imprisonment and/or a $1,000,000 fine, 5 years of supervised release, and $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about between October 11th and October 12th, 2016, Makes Him First repeatedly struck her child, causing injuries which led to the child’s death.  It is further alleged that these acts were committed while Makes Him First was committing the act of Felony Child Abuse.

The charges are merely accusations and Makes Him First is presumed innocent until and unless proven guilty. 

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

Makes Him First was remanded to the custody of the United States Marshals Service pending trial.  A trial date has not been set.

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United States Attorney Randolph J. Seiler announced that a Sisseton, South Dakota, woman convicted of Theft of Government Property was sentenced on October 17, 2016, by U.S. District Judge Charles B. Kornmann.

Sharon M. Nelson, age 62, was sentenced to 5 years of probation, $6,648.75 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.

          Nelson was indicted by a federal grand jury on December 8, 2015.  She pled guilty to Theft of Government Property on July 11, 2016.

          The conviction arose out of a land sale as part of the Land Buy Back Program for Tribal Nations, administered by the Office of the Special Trustee within the United States Department of the Interior.  Through the Land Buy Back Program, tribal members are able to sell their land to the Federal Government, who in turn moves the land into trust for that particular Tribe.  Nelson sold some of her land as part of the Land Buy Back Program, and a check was issued to her by the United States Treasury for $8,889.17.  When Nelson claimed that the check was never received, the Office of the Special Trustee deposited the same amount of money, $8,889.17, directly into her personal bank account, cancelled the original check, and told Nelson if she ever received the original check at a later date to bring it to the office and not attempt to cash it.  Approximately six months later, Nelson cashed the original check of $8,889.17.  The monies were drawn out of the U.S. Treasury, and all but $2,000 was quickly spent by Nelson.  The Office of the Special Trustee had to reimburse the U.S. Treasury for the amount of the cashed check and was still owed $6,889.17 after Nelson paid them the $2,000 in unspent funds.  Nelson has since paid the Office of Special Trustee $240.42 towards the debt.

          This case was investigated by the United States Department of the Interior Office of the Inspector General.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

          Nelson was released following sentencing.

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United States Attorney Randolph J. Seiler announced that a Green Grass, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Andrew Frost, age 20, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on October 14, 2016, 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 25, 2016, in Ziebach County, Frost unlawfully assaulted the victim, and that the victim sustained serious bodily injury as a result. 

The charge is merely an accusation and Frost 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.   

Frost was released on conditions pending trial.  A trial date has not been set.

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

Matthew Long Crow, age 38, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that between March 10, 2016, and March 19, 2016, Long Crow kidnapped and assaulted his girlfriend with a knife, with the intent to murder her. As a result of the assault she suffered serious bodily injury.

The charge is merely an accusation and Long Crow 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.   

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

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United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Miles Condon, age 25, was indicted on October 12, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on October 14, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of the two non-officer related assault charges is up to 10 years in custody.  The maximum penalty upon conviction of the two officer-related assault charges is up to 8 years in custody.  In each instance, the maximum fine is up to $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 3, 2016, in Dupree, Condon unlawfully assaulted the victim with a golf club, and that the victim sustained serious bodily injury as a result.  The indictment also alleges that on August 3, 2016, and again on September 7, 2016, in Dupree, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a federal law enforcement officer who was engaged in, and on account of, the performance of his official duties, and that said conduct involved physical contact with the federal officer. 

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Ziebach County Sheriff’s Office.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Condon was remanded to the custody of the United States Marshals Service pending trial.  A trial date has not been set.

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United States Attorney Randolph J. Seiler announced today that federal authorities are investigating two fatal shootings which recently occurred on the Pine Ridge Reservation in South Dakota.

The United States Attorney’s Office, the Rapid City Resident Agency of the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Office of Justice Services, Pine Ridge Agency, are investigating the September 29, 2016, fatal shooting of Chunta Suta Wi Colhoff, aka Annie Colhoff, a 34-year-old citizen of the Pine Ridge Reservation.  Ms. Colhoff was shot and killed in Pine Ridge village.  The agencies are also investigating the October 16, 2016, shooting death of Vincent Brewer, III, age 29, outside Pine Ridge village. 

Authorities do not believe these shootings were random acts, but stem from disputes law enforcement authorities are investigating.  Leads are being followed, persons are being interviewed, and search warrants are being executed.  Seiler affirmed the investigation of these two shootings is a top priority for federal law enforcement authorities in South Dakota.  

Authorities appreciate any and all assistance members of the community might be able to provide.  

Members of the public wishing to provide information should call the BIA Office of Justice Services at (605) 867-2931, tribal dispatch at 911, or the FBI in Rapid City at (605) 343-9632.

If a member of the public wishes to remain anonymous, you may also contact the BIA OJS Tip line at 1-888-668-0661.

United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Dispensing of Intoxicants in Indian Country was sentenced on October 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Leslie Little Moon-Boltz, age 22, was sentenced to 3 years of probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Little Moon-Boltz was charged on June 17, 2014, and pleaded guilty on July 29, 2016. The conviction stems from Little Moon-Boltz having whiskey near Manderson on the Pine Ridge Indian Reservation.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Enticement of a Minor Using Interstate Commerce was sentenced on October 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

William Belt, a/k/a William Fire Thunder, age 21, was sentenced to 15 years of imprisonment, followed by 10 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and required to register as a sex offender.

Belt was charged on September 9, 2015, and pleaded guilty on July 1, 2016.  The conviction stems from Belt using his iPod to entice a minor female to engage in unlawful sexual acts during the summer of 2015 near Manderson.

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

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

United States Attorney Randolph J. Seiler announced that a Eureka, California, man convicted of Transportation of a Minor with Intent to Engage in Criminal Sexual Activity was sentenced on September 23, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Thomas Lee Richard, age 50, was sentenced to 293 months in custody, lifetime supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Richard was indicted on June 16, 2015, and pleaded guilty on May 26, 2016.  

The conviction stems from Richard picking up a minor female in Minnesota, intending to take her to California through South Dakota, for the purpose of illegal sexual activity.  The minor received help from passerby’s while stopped at the 1880 Town in Midland.

This case was investigated by the Jackson County Sheriff’s Office and the Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that Shawn Russell Sorensen, age 54, of Sioux Falls, South Dakota, was found guilty of drugs and weapons charges as a result of a federal jury trial in Sioux Falls, South Dakota. 

Sorensen was charged by indictment with Conspiracy to Distribute a Controlled Substance (500 grams or more of a mixture containing methamphetamine), and Possession of Firearms by a Convicted Felon.

Because Sorensen has two prior felony drug convictions, his methamphetamine charge carries a mandatory sentence of life in custody and/or a $20 million fine.  The gun charge carries a maximum sentence of 10 years in custody and/or a $250,000 fine, and 3 years of supervised release.  Each offense also has a $100 special assessment to the Federal Crime Victims Fund.  

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

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

A presentence investigation was ordered, but a sentencing date has not yet been set.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Joseph Hatchett, age 40, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Hatchett pleaded guilty to the charge on June 17, 2016.

The charge related to Hatchett failing to register as a convicted sex offender between January 15, 2016, and March 10, 2016.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.

Johnny Lunderman, age 33, was sentenced to 15 months in custody, 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Lunderman was indicted by a federal grand jury on May 17, 2016.  He pled guilty on August 8, 2016.

Lunderman was convicted of Sexual Abuse of a Minor in federal court in August 2009.  He was sentenced to 40 months of custody, followed by 5 years of supervised release.  Lunderman is required to register as a sex offender and to update his registration within three business days of relocating or changing employment.  In December 2015, Lunderman registered with an address in Rapid City.  On April 3, 2016, Lunderman was arrested in Jackson County, South Dakota, and charged with Driving Under the Influence.  He was subsequently released on bond, and a federal warrant was issued for his arrest.  On April 7, 2016, a Rapid City police officer conducted a compliance check at Lunderman’s address and discovered he no longer resided there.  On April 20, 2016, Lunderman was arrested in Kyle, South Dakota, without incident.  Lunderman did not update his sex offender registration between April 4, 2016, and April 20, 2016, as required by law.

This case was investigated by the U.S. Marshals Service and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Lunderman 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 Failure to Register as a Sex Offender.

Patrick Black Spotted Horse, age 27, was indicted on January 20, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 4, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On March 8, 2010, Black Spotted Horse was sentenced to 40 months in federal custody for Sexual Abuse of a Minor.  As a result of his conviction, he is required to register as a sex offender.  It is alleged that between December 3, 2015, and January 20, 2016, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.

The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

Black 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 Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced on October 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Terry Goings III, a/k/a Baby T, age 23, was sentenced to 210 months’ custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Goings pleaded guilty to the charge on April 29, 2016.  The charge related to Goings and others striking the victim with a cinder block, kicking the victim in the head and face, beating the victim with a stick, and striking the victim in the back of his head with a machete on July 12, 2015.  The cause of death was multiple blunt trauma injuries to the head, including a skull fracture and hemorrhaging.

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

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

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

Maurice Thundershield, age 22, was indicted on September 13, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 2016, 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 August 5, 2016, Thundershield aided and abetted in the assault of another individual with a bat, causing serious bodily injury.

The charge is merely an accusation and Thundershield 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.   

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

Leonard Red Horse, age 32, was indicted on September 13, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 2016, 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 August 5, 2016, Red Horse assaulted another individual with a bat, causing serious bodily injury.

The charge is merely an accusation and Red Horse 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.   

Red Horse was temporarily 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 Methamphetamine was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.

Lucas Paul Evans, a/k/a Abdul Evans, a/k/a Lucas Harrison, a/k/a Abdul Salom Harrison, a/k/a Abubarker Harrison, a/k/a Abubarker Shabazz Evans, age 29, was sentenced to 94 months in custody, 4 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Crime Victims Fund.

Evans was indicted by a federal grand jury on April 19, 2016, for Conspiracy to Distribute a Controlled Substance.  He pled guilty to Conspiracy to Distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, on July 19, 2016.

Prior to sentencing, Evans admitted to distributing over 396 grams of methamphetamine in and around the Crow Creek Sioux Indian Reservation in South Dakota.  Evans admitted making thirteen trips from Ft. Thompson to Utah to obtain methamphetamine for distribution in South Dakota, each time bringing back an ounce (28.3 grams) of methamphetamine.  He purchased each ounce for $800, and would sell it in South Dakota for $300-$350 per 3.54 grams, or for over $8,400 an ounce.  Evans stated that he primarily distributed to two individuals on the reservation and estimated he earned $3,000 per month while distributing drugs.  Other interviews conducted by law enforcement corroborated Evans’ admissions.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

Evans 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 Sexual Contact With a Minor was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.

Jasyn Curley, age 21, was sentenced to 12 months in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Curley was indicted by a federal grand jury on December 8, 2015, for Sexual Contact With a Person Incapable of Consent and Sexual Contact With a Minor.  He pled guilty to Sexual Contact With a Minor on July 19, 2016. 

On July 15, 2015, the victim, who was between 12 and 16 years of age, began drinking alcohol with Curley and another friend.  She did not know Curley prior to that time.  The victim drank to the point she became incapacitated.  When the victim’s father returned home from work he found Curley in a bed with the victim, who was passed out.  He went to call the police.  When the father returned to the bedroom, he saw Curley was leaned over the victim with his hand down her pants, while she was still passed out.  The victim’s father told Curley to stop, but he did not do so. 

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

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

United States Attorney Randolph J. Seiler announced that two men have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.  One of the men was also indicted for Possession of a Firearm by a Prohibited Person.

Indicted on August 16, 2016, were: Monte Dinehdeal, a/k/a Monte Dineh Deal, age 41, from Tuba City, Arizona, and Louis Anthony Good Shield, age 27, from Winner, South Dakota.  Good Shield appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 2016.  Dinehdeal appeared before U.S. Magistrate Judge Daneta Wollmann on September 27, 2016.  Both have pled not guilty to the Indictment.

The maximum penalty upon conviction for the charges against Dinehdeal is up to life in custody, a $10,000,000 fine, or both, at least 5 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.  The maximum penalty upon conviction for the charges against Good Shield is 20 years in custody, a $1,000,000 fine, or both, at least 3 years and up to life of supervised release; and $100 to the Federal Crime Victims Fund, and restitution.

Dinehdeal stands to forfeit the weapon and ammunition seized during the investigation. 

The charges are merely an accusation and Dinehdeal and Good Shield are presumed innocent until and unless proven guilty. 

The indictment alleges that between January 1, 2013, and September 17, 2015, Dinehdeal and Good Shield knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and to possess with intent to distribute methamphetamine in South Dakota.  The indictment specifically alleges that Dinehdeal knowingly and intentionally possessed with the intent to distribute 500 grams or more of methamphetamine in South Dakota.  The indictment further alleges that on or about September 17, 2015, Dinehdeal knowingly possessed a firearm, even though he was prohibited from doing so because he had previously been convicted of a felony and was an unlawful user of and addicted to a controlled substance.

The investigation is being conducted by the Rosebud 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.   

Dinehdeal was remanded to the custody of the U.S. Marshals Service pending trial.  Good Shield was released on bond pending trial.  A jury trial has been set for November 1, 2016.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Tampering with Evidence, Accessory to First Degree Murder, False Statement, and Misprision of a Felony.

Sonya Dubray, age 47, was indicted on September 20, 2016.  She appeared before U.S. Magistrate Judge Daneta Wollmann on September 28, 2016, and pleaded not guilty to the Indictment.  The maximum penalty upon conviction is 20 years of imprisonment. 3 years of supervised release, and/or a $250,000 fine and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Dubray’s involvement in covering up the death of a two-and-a-half-year-old child at Porcupine.  The charges are merely an accusation and Dubray is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Sarah B. Collins and Megan J. Poppen are prosecuting the case.

Dubray was remanded to the custody of the U.S. Marshals Service pending trial.  

United States Attorney Randolph J. Seiler announced that a Martin, South Dakota, woman has been indicted by a federal grand jury for Larceny and Theft of Government Property.

Amy N. Garcia, age 32, was indicted on July 26, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 28, 2016.  She pleaded not guilty to the Indictment.

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

The charges relate to Garcia altering and cashing payroll checks belonging to Dakota Plains Legal Services in Mission. The charges are merely an accusation and Garcia is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Randolph J. Seiler announced that a Letcher, South Dakota, man who was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide after a two day jury trial in April of 2016 was sentenced on September 27, 2016, by U.S. District Judge Lawrence L. Piersol.

Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, was sentenced to 8 months in custody on the Unlawful Taking of a Bald Eagle charge, with 6 months to run concurrent with a prior federal tax evasion sentence and 2 months to run consecutive, and one year of supervised release, with a condition that Nelson must pay $2,500 in restitution.  Nelson was also sentenced to 30 days in custody on the Unlawful Use of Pesticide charge to run concurrent with the sentence imposed on the above count. Nelson was ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $35 for both offenses.

“Today’s sentence reaffirms our commitment to the protection of eagles and other wildlife in the District of South Dakota.” said United States Attorney Randy Seiler. “We will continue to prosecute and hold accountable those who intentionally and recklessly kill eagles and other protected wildlife in the District of South Dakota”

Nelson was indicted by a federal grand jury on September 9, 2015.  

The conviction stemmed from incidents between January 1, 2015, and May 12, 2015, when Nelson, who is a landowner in Sanborn County, without being permitted to do so, knowingly and with wanton disregard for the consequences of his actions, injected a poison, Carbofuran, also known as Furadan 4F, into the carcasses of cows in order to kill predators, including coyotes.  Carbofuran is a restricted use pesticide that is extremely toxic to wildlife, including birds.  Use of this pesticide for baiting purposes is strictly prohibited, and the label of the Carbofuran’s container says so.

As a result of Nelson’s actions, area animals, including coyotes, and an adult Bald eagle, died of Carbofuran poisoning.  Laboratory results from the National Fish & Wildlife Forensic Laboratory in Ashland, Oregon, confirmed that the eagle died of Carbofuran poisoning, after eating coyote carcasses that were poisoned with Carbofuran poisoning in its system.

“The purposeful misapplication of a pesticide like Furadan 4F to kill coyotes and other predators can be devastating to all wildlife up and down the food chain, including eagles” said U.S Fish and Wildlife Service Mountain-Prairie Region Assistant Special Agent in Charge Dan Rolince.  "This conviction and sentence send a clear message that intentional and unlawful activities that result in the death of federally protected species will not be tolerated."

"The defendant intentionally and illegally used a restricted use pesticide as bait, which put people, wildlife and the environment at risk,” said Jeffrey D. Martinez, Special Agent in Charge of EPA’s criminal enforcement program in South Dakota.  “Today's sentence sends a strong signal that individuals who misuse restricted use pesticides will be prosecuted."

This case was investigated by the U.S. Fish & Wildlife Service, the Environment Protection Agency and the South Dakota Department of Game, Fish and Parks.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Mosher, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on September 26, 2016, by U.S. District Court Judge Roberto A. Lange.    

Tyrone Steven Andrews, age 24, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Andrews was indicted by a federal grand jury on October 14, 2015.  He was convicted on July 8, 2016, following a two-day jury trial in Pierre, South Dakota. 

The charges stem from an incident that occurred on February 25, 2013, wherein Andrews groped a 15-year-old girl who was at a sleepover at a home in Rosebud, South Dakota.  Andrews entered the bedroom where the girl was sleeping and touched her breasts under her clothes while she was asleep.  The girl awoke, realized what was happening, and tried to get the attention of her friend who was sleeping next to her in the bed.  Andrews then began to rub the girl’s inner thigh and kissed her neck.  At that point, the girl was able to awaken her friend and Andrews ran out of the room.

Andrews was acquitted of a separate charge of Aggravated Sexual Abuse.  That charge stemmed from an incident involving an adult female that occurred at a home in Okreek, South Dakota, in late May or early June of 2015. 

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

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

United States Attorney Randolph J. Seiler announced that a Miller, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.

Joseph Raleigh, age 34, was sentenced to 46 months in custody, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Raleigh was indicted by a federal grand jury on October 20, 2015, for Attempted Commercial Sex Trafficking of Children and Attempted Enticement of a Minor Using the Internet.  He pled guilty to Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor on July 5, 2016.

The conviction arose from an undercover operation conducted in the Pierre, South Dakota, area by the Internet Crimes Against Children Task Force (ICAC).  Raleigh responded to an advertisement of a minor available for sexual activities in exchange for money posted on Craigslist on October 16, 2015.  Through email conversations with the undercover ICAC agents, Raleigh negotiated a price and arranged to have a sexual encounter with a 15-year-old girl in Blunt, South Dakota, on October 16, 2015.  Raleigh then met with an undercover agent, who was posing as someone who could provide the girl for sex.  The negotiated price was $400, which Raleigh had in his possession.

This case was investigated by the South Dakota Division of Criminal Investigation, the United States Marshals Service, the South Dakota ICAC Task Force, and the Pierre Police Department.  Assistant U.S. Attorneys Kirk Albertson and Tim Maher prosecuted the case.

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