District of South Dakota

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man who was found guilty of Domestic Abuse by an Habitual Offender and Simple Assault following a jury trial in July of 2016 was sentenced on September 27, 2016, by U.S. District Judge Roberto A. Lange.

Adam Bordeaux, age 32, was sentenced to 33 months in custody, 3 years of supervised release, and a special assessment of $110 to the Federal Crime Victims Fund.

Bordeaux was indicted by a federal grand jury on December 8, 2015.  The charges stem from an incident that occurred on November 17, 2015, wherein Bordeaux assaulted his girlfriend at their home in Rosebud.  Bordeaux and the victim got into an argument in their bedroom and Bordeaux pushed the victim onto the bed.  He then got on top of her, pulled her hair, pushed her face into the blanket, and tried to bite her on the back of her head.  The victim was eventually able to push Bordeaux off of her and she fled the house.  She called the police from a nearby convenience store.  Bordeaux was subsequently questioned by a Rosebud Sioux Tribe Law Enforcement Officer and he claimed the victim attacked him and bit him on the forearm while he was defending himself.  The bite mark he showed the officer was inconsistent with Bordeaux’s description of the incident, however, and Bordeaux was arrested.

The crime of Domestic Assault by an Habitual Offender requires proof that the Defendant had at least two prior convictions for domestic assault.  At the time of this incident, Bordeaux had three prior convictions in Rosebud Sioux Tribal Court for Domestic Abuse.  He also had a prior conviction in federal court for Domestic Assault by an Habitual Offender, and was on federal supervised release when he committed the assault on November 17, 2015. 

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

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

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.

Conrad Fleury, age 35, was sentenced to 15 months in custody, 2 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fleury was indicted by a federal grand jury on April 13, 2016.  He pled guilty on July 11, 2016.

The conviction stemmed from an incident on February 13, 2016, when a call came into the Fort Thompson Police Department reporting that Conrad Fleury had a gun and was threatening suicide.  Law enforcement responded immediately and officers called for backup. 

The caller approached one of the officers and stated Fleury came home drunk, had a gun, and was saying he was going to kill himself.  As a result of Fleury’s threats, two young children had to escape the home by crawling through a window. 

Officers entered the home and found Fleury alone with a .22 caliber rifle in a bedroom. 

Fleury has a federal conviction from 2012, for Assault with a Dangerous Weapon.  The judgment specifically states that Fleury shall not possess a firearm, destructive device or any other dangerous weapon. 

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency and the Bureau of Alcohol, Tobacco, Firearms & Explosive.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Wall, South Dakota, man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Receipt of Child Pornography.

Dustin Christopher Scott, age 33, was indicted on August 23, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 19, 2016.  He pleaded not guilty to the Indictment.

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

The charges relate to Scott using a cell phone and a computer to attempt to engage in sexually explicit conduct with undercover agents posing as the father of a minor female. The charges are merely an accusation and Scott 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.

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

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Felony Child Abuse and Neglect and Involuntary Manslaughter.

Mona Goggleye, age 31, was indicted on May 24, 2016.  Goggleye appeared before U.S. Magistrate Judge Daneta Wollmann on September 21, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 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 charges relate to Goggleye abusing and neglecting a child between May 6 and 7, 2016, near Pine Ridge.  This abuse and neglect resulted in the death of the child.

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

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

Goggleye was released on bond pending trial.  A trial date has been set for November 29, 2016.

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

Eugenio White Hawk, Jr., age 36, was indicted on September 20, 2016.  He appeared before U.S. Magistrate Judge Daneta L. Wollmann on September 21, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on September 27, 2015, White Hawk, Jr., knowingly caused and attempted to cause a minor female to engage in a sexual act while she was asleep.

The charges are merely accusations and White Hawk, Jr., is presumed innocent until and unless proven guilty. 

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

White Hawk, Jr., 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 Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.

David George Flute, III, age 26, was sentenced to 33 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flute was indicted by a federal grand jury on May 17, 2016.  He pled guilty on August 2, 2016.

The conviction stemmed from Flute failing to register as a sex offender between December 18, 2015 and May 11, 2016.  This is Flute’s third federal conviction for failing to register as required by law.

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

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

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

Timothy “Jack” Brown Bull, age 22, was indicted on May 24, 2016.  Brown Bull appeared before U.S. Magistrate Judge Daneta Wollmann on September 14, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 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 charges relate to Brown Bull and another individual assaulting a man with their feet, a cinder block, and stick on March 7, 2015, at Kyle.

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

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

Brown Bull was released on bond pending trial.  A trial date has been set for November 22, 2016.

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 September 26, 2016, by U.S. District Judge Roberto A. Lange.

Stuart Dion, 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.

Dion was indicted by a federal grand jury on December 8, 2015.  He pled guilty on July 13, 2016.

The conviction stemmed from Dion failing to register as a sex offender between October 1, 2015 and December 8, 2015.  This is Dion’s second federal conviction for failing to register.  This sentence will run concurrent with Dion’s Assaulting, Resisting, and Impeding a Federal Officer conviction.

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

Dion 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 convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.

Stuart Dion, age 32, was sentenced to 30 months in custody and a special assessment to the Federal Crime Victims Fund in the amount of $100.  This sentence will run concurrent to Dion’s federal conviction for Failure to Register as a Sex Offender.

Dion was indicted by a federal grand jury on May 17, 2016.  He pled guilty on July 13, 2016.

The conviction stemmed from an incident on April 16, 2016, when an officer with the Bureau of Indian Affairs was dispatched to the Community Building in Fort Thompson, South Dakota about Dion being drunk and trying to fight.  Dion was riding a horse and causing a disturbance during a sobriety walk.  

The officer responded to the call and attempted to approach Dion.

The officer began driving his patrol vehicle behind the horse and honked his horn and turned on his emergency lights.  Dion looked back over his shoulder and the horse began running.  The horse began to buck and Dion then fell off the horse.  Dion then stood to his feet and attempted to get back on the horse.  The officer approached Dion and told him to get on the ground.  Dion resisted arrest.  During his arrest, he kicked the officer in the stomach and threatened harm to the officer. 

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Delano White Eagle, age 46, was indicted on September 20, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on September 22, 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 24, 2016, near Dupree, South Dakota, White Eagle unlawfully assaulted the victim, his intimate partner and dating partner, with a knife, resulting in substantial bodily injury.  The Indictment further alleges that on that same date, White Eagle unlawfully attempted to strangle or suffocate the victim.

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

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

White 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 McLaughlin, South Dakota, man convicted of Simple Assault was sentenced on September 20, 2016, by U.S. Magistrate Judge William D. Gerdes.

Sheldon Crow Ghost, age 34, was sentenced to 6 months in custody, and a $10 special assessment to the Federal Crime Victims Fund.

Crow Ghost pled guilty to a Superseding Information, filed on August 10, 2016.

The conviction stemmed from an incident on the morning of November 12, 2015, when the Bureau of Indian Affairs Law Enforcement responded to a reported domestic assault. 

The officer was met at the door by the female victim who stated her boyfriend, Crow Ghost, had earlier in the morning repeatedly put up his fist in a manner which indicated he was going to strike her, but did not.  The victim informed the officer that the previous night, Crow Ghost had also slapped her several times and had attempted to punch her in the face, but she had managed to get her forearm up and block his punches.  The officer was able to observe a slight redness to her face.

This case was investigated by the Bureau of Indian Affairs Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Crow Ghost is to self-report to the custody of the U.S. Marshals Service on or before October 4, 2016.

United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, women have been indicted by a federal grand jury for nine counts of Distribution of a Controlled Substance, Distribution of a Controlled Substance, and Aiding and Abetting.

Marla Cook, a/k/a Marlarae Danielle Iron Lightning, age 39, and Merlina Rose Marrowbone, age 31, were indicted on July 19, 2016.  Both appeared before U.S. Magistrate Judge Mark A. Moreno 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, at least 3 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March and June of 2016, Cook knowingly and intentionally possessed and distributed methamphetamine, a Scheduled II controlled substance, on six different occasions.  The Indictment further alleges that between September of 2015 and June of 2016, Marrowbone knowingly and intentionally possessed and distributed methamphetamine on four different occasions.

The charges are merely accusations and Cook and Marrowbone are presumed innocent until and unless proven guilty. 

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

Cook and Marrowbone were released on bond pending trial.  Trial has been set for November 8, 2016.

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

Craig Edward Valandra, age 34, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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, 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 June 20, 2016, at St. Francis, Valandra, having previously been convicted of a felony, knowingly possessed a firearm.

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

The investigation is being conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

Valandra was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for November 15, 2016.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man charged with Simple Assault pled guilty and was sentenced on September 16, 2016, by U.S. Magistrate Judge Mark A. Moreno.

James Edward Brasure, age 42, was sentenced to seven days in custody, and a $10 special assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on February 4, 2016, when Brasure assaulted his wife by grabbing her by the shoulder, hitting her head on the closet door, and hitting her in the mouth.  The responding officer observed swelling on the victim’s forehead and blood on her lip.

The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  The case was prosecuted by Assistant U.S. Attorney Carrie G. Sanderson. 

Brasure was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle was sentenced on September 16, 2016, by U.S. Magistrate Judge Mark A. Moreno.

Colton Poorman, age 36, was sentenced to 1 year in custody, 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.

Poorman was indicted by a federal grand jury on March 15, 2016.  He pled guilty on July 22, 2016.

The conviction stemmed from an incident on the morning of October 11, 2015.  Poorman was drinking alcoholic beverages and at approximately 10:00 AM, he told his girlfriend to ride with him in a vehicle.  Poorman also wanted to take his child, age 2, with him in the vehicle.  His girlfriend advised him not to drink alcohol and not to drive after drinking.  Nonetheless, Poorman’s girlfriend and the child went with him in the vehicle.  His girlfriend held the child while Poorman drove from Mission to Rosebud, and he picked up three additional passengers.  He drove to the All Stop Gas Station in Rosebud, where he parked the vehicle.  At no time was his child placed in a child safety restraint.

An officer with the Rosebud Sioux Tribe Law Enforcement Services arrested Poorman at the All Stop for driving while intoxicated, and he was taken to the Adult Correctional Facility in Rosebud.

At the time of his arrest, Poorman was on federal supervised release for a non-related felony conviction. 

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

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Using and Carrying a Firearm During and In Relation to a Crime of Violence, and Witness Tampering.

Jacob McCloskey, age 18, was indicted on August 16, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 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.  Restitution may also be ordered.

The Indictment alleges that on or about April 7, 2016, in Todd County, South Dakota, McCloskey shot another individual with a rifle and corruptly persuaded two witnesses to lie about the circumstances of the shooting.

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

The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

McCloskey was released on bond pending trial.  Trial has been set for November 15, 2016.

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

Kimo Little Bird, age 34, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on September 20, 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 period of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between July 1, 2016, and August 11, 2016, Little Bird, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.

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

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

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

In recognition of Prescription Opioid and Heroin Epidemic Awareness Week, the United States Attorney’s Office is hosting events across South Dakota. The community forums are designed to highlight a unique, realistic perspective on the impact of prescription drug and opioid abuse. 

Each event will feature a screening of “Chasing the Dragon: The Life of an Opiate Addict” - a documentary film collaboratively produced by the Federal Bureau of Investigation and the Drug Enforcement Administration, in response to increasing prescription painkiller and opioid drug abuse across the nation.

Following each movie screening will be an interactive panel discussion.  The movie is approximately 50 minutes in length.  The events are as follows:

Sioux Falls:

Tuesday, September 20, 2016, at 6:30 PM

Kresge Recital Hall, Augustana University, located at 2120 S. Grange Avenue

Rapid City:

Wednesday, September 21, 2016, at 6 PM

Elks Theatre, located at 512 6th Street

Pierre:

Thursday, September 22, 2016, at 7:00 PM

T.F. Riggs High School Theater, located at 1010 E. Broadway Avenue

The film, which is designed to better educate students and young adults about the dangers of these drugs and the tragic consequences that often accompany addiction, debuted nationally in February 2016.  According to data in the film, nearly 46,000 people die from drug use annually in the United States, and about half of those deaths are related to opiate drug abuse.  At least 78 Americans die every day from an opioid overdose – it affects all ages, all socio-economic groups, all over the country, including South Dakota.

Individuals and community groups are encouraged to attend.  The event is free and open to the public.  

The President has officially proclaimed September 18-24 as Prescription Opioid and Heroin Epidemic Awareness Week. The Presidential Proclamation is attached.

For further information and resources on this topic, visit DEA’s website: https://getsmartaboutdrugs.com  

In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict” and a panel discussion at 7:00 p.m. on Thursday, September 22nd, 2016.  The event will be held at T.F. Riggs High School Theatre, located at 1010 E. Broadway Avenue in Pierre.

The film runs for approximately 60 minutes.  The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, Wendy Kloeppner, Hughes County State’s Attorney, Katie Sieverding Chemist at South Dakota State Health Laboratory, and Assistant U.S. Attorney SaraBeth Donovan.

The event is free and open to the public.  For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com

In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict" and a panel discussion at 7:00 p.m. on Thursday, September 22nd, 2016.  The event will be held at T.F. Riggs High School Theatre, located at 1010 E. Broadway Avenue in Pierre.

The film runs for approximately 60 minutes.  The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, Wendy Kloeppner, Hughes County State’s Attorney, Katie Sieverding Chemist at South Dakota State Health Laboratory, and Assistant U.S. Attorney SaraBeth Donovan.

The event is free and open to the public.  For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 13, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Silas Lee High Hawk, age 25, was sentenced to 36 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and register as a sex offender.

High Hawk was charged on November 17, 2015, and pleaded guilty on June 3, 2016. The conviction stems from High Hawk engaging in sexual contact with a woman who was unable to give consent.

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 Ben Patterson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.

Bert Cottier, a/k/a Bert Chang, age 50, was indicted on July 26, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 9, 2016.  He pleaded not guilty to the Indictment.

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

The charge relates to Cottier stabbing a man with a knife at Pine Ridge.  The charge is merely an accusation and Cottier 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 Megan Poppen is prosecuting the case.

Cottier was released pending trial.  A trial date has been set for November 15, 2016.

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Larceny was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.

Blaze Miles Thundershield, age 21, was sentenced to time served of 14 months custody, 3 years of supervised release, restitution in the amount of $10,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Thundershield was indicted by a federal grand jury on October 14, 2015.  He pled guilty on July 11, 2016.

The conviction stemmed from an incident on July 18, 2015, when a Corson County Sherriff’s Deputy was approached by the manager of the feedlot in McLaughlin, who informed the deputy that a blue Dodge Ram 2500 pickup truck, with a red horse trailer, had been stolen.  The manager observed the vehicle “spinning cookies” in the lot, and he thought the vehicle’s owner was messing around.  However, when he called the owner of the vehicle, he learned he was working near Kennel, South Dakota, and was not driving his vehicle.  It was at this point that the manager noticed the deputy across the street and informed him of the stolen vehicle.  The victim also called dispatch to report his truck stolen.  The deputy left to search for the vehicle, which he was unable to locate.  

Later in the evening, Bureau of Indian Affairs law enforcement was dispatched to McLaughlin after receiving several reports of shots being fired in the area.  Responding officers were informed that four young male individuals were seen walking in the area with a handgun firing it in the air.  Law enforcement was also informed that two young males were seen driving a blue pick-up truck, with a red horse trailer.

While law enforcement was collecting statements, a neighbor pointed up the street to a group of young boys approaching the location of the officers.  Officers began running towards the boys, ordering them to lie on the ground.  Three of the boys complied.  One boy fled on foot, heading towards the McLaughlin rodeo grounds.  He was eventually apprehended, hiding in a bed of weeds, and identified as Thundershield, the Defendant.  Thundershield and another person were arrested on tribal charges. 

Officers later found the stolen pick-up truck and trailer in a stand of trees near the golf course.  The truck had been shot multiple times and was declared a total loss by the insurance company.  The victim’s loss was valued in excess of $20,000 by his insurance company.  The gun has not yet been recovered. 

This case was investigated by the Bureau of Indian Affairs.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Thundershield remained in custody due to an outstanding warrant on an unrelated matter.

United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer, was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.

Dylan Demery, age 23, was sentenced to 12 months and a day in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Demery was indicted by a federal grand jury on January 21, 2016.  He pled guilty on June 6, 2016.

The conviction stemmed from an incident which happened during the early morning hours of January 1, 2016, when an officer with the Bureau of Indian Affairs was dispatched to Kenel, in response to a report of a drunk driver.

The officer went to the side of a residence in Kenel, and noticed a male exiting a Blazer.  The officer called out Demery’s name and ordered him to stop.  Demery immediately fled on foot, and the officer pursued.

When they reached the road, both the officer and Demery slipped and fell on the ice.  As the officer was attempting to rise, Demery grabbed the left shoulder of the officer’s jacket.  The officer grabbed onto Demery’s legs, and Demery began to strike the officer on the left side of his face, as well as a few more times as the officer attempted to regain his footing.  The officer then reached for his handcuffs in an attempt to restrain Demery.  As he was doing this, Demery struck the officer in the face again, knocking him to his knees. 

Multiple officers responded to the area to assist.  The officer sustained multiple injuries as a result of this assault, including an injured eye, and shoulder.

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Demery 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 convicted of False Statements Relating to Health Care Matters was sentenced on September 8, 2016, by U.S. District Judge Roberto A. Lange.

Bryce Damon Drapeau, age 42, was sentenced to 1 year of unsupervised probation, and a $100 special assessment to the Federal Crime Victims Fund.

Drapeau was indicted by a federal grand jury on October 14, 2015, for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.  He pled guilty on June 8, 2016.

The conviction stems from an incident that occurred in July of 2015, when Drapeau altered his prescription increasing the number of Norco (Hydrocodone) tablets and attempted to fill the prescription at the Fort Thompson Indian Health Service Hospital Pharmacy.  The pharmacist refused to fill the prescription, after suspecting it had been altered, and confirmed those suspicions with Drapeau’s treating physician.

This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case. 

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Robbery and Assault by Striking, Beating, and Wounding was sentenced on September 14, 2016, by U.S. District Judge Roberto A. Lange.

Chad Ryan Lara, age 34, was sentenced to 42 months in custody, followed by 30 months of supervised release, $26.25 in restitution, and a $100  special assessment to the Federal Crime Victims Fund on the robbery charge.  Lara was sentenced to 6 months in custody, and ordered to pay $181.50 in restitution, along with a $25 special assessment to the Federal Crime Victims Fund on the assault case.  The two sentences are to be served consecutively.

Lara was indicted on the robbery charge by a federal grand jury on March 15, 2016.  Lara was indicted on the assault charge by a federal grand jury on May 17, 2016.  He pled guilty to both charges on June 8, 2016.

The conviction on the robbery stemmed from an incident on March 9, 2016, when Lara entered the Mini Mart in Eagle Butte, wearing a black ski mask over his face, brandished a large knife, and demanded money from the cash register.  When the clerks were unable to open the cash register, Lara grabbed it and pulled on it.  One of the clerks prevented Lara from grabbing the cash register, so Lara threw down the knife, grabbed a case of Hurricane beer off the counter and fled the store.  Some customers went after Lara and were able to apprehend him nearby.  He was detained until the police arrived.

The conviction on the assault stemmed from an incident on April 7, 2016, when Lara was appearing on the above charge for a bail review hearing.  Following the hearing, he was ordered to be detained pending trial.  While awaiting transfer back to the Hughes County jail, Lara assaulted another inmate by striking him with closed fits in the face and chest area. 

This cases were investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe.  Assistant U.S. Attorney Jay Miller prosecuted both cases.

Lara 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 Assault Resulting in Serious Bodily Injury and Failure to Appear was sentenced on September 14, 2016, by U.S. District Judge Roberto A. Lange.

Raymond Uses The Knife, III, a/k/a Yamni Uses The Knife, III, age 25, was sentenced to 37 months in custody, to be followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on the assault charge.  Uses The Knife was sentenced to 2 months in custody, and ordered to pay a special assessment of $100 to the Federal Crime Victims Fund on the failure to appear charge.  The two sentences are to be served consecutively.

Uses The Knife was indicted on the assault charge by a federal grand jury on February 17, 2016.  Uses The Knife was indicted on the failure to appear charge by a federal grand jury on April 13, 2016.  He pled guilty on both charges on June 1, 2016.

The conviction on the assault stemmed from an incident on July 25, 2015 when Uses The Knife, along with three other co-defendants (one of them a juvenile), assaulted a male victim.  One co-defendant confronted the victim.  The victim kept backing away.  Uses the Knife and his co-defendants encouraged the other co-defendant to fight the victim, who eventually took off running.  Uses The Knife and one co-defendant started running after the victim, while the other adult co-defendant and the juvenile co-defendant followed in a car, eventually catching up with the victim and blocking his way, but the victim was able to get away and continued to run.  The juvenile followed on foot and was able to catch up with the victim, knocking the victim to the ground.  All three adult co-defendants caught up and started hitting and kicking the victim repeatedly, then fled the scene and drove off together.  As a result of the assault, the victim had a broken arm.  He also received six sutures to his head from a laceration. He also had numerous “bumps” on his head from the attack.

The conviction on the failure to appear stemmed from an incident on April 5, 2016, when Uses The Knife, who was directed to appear in court for a bond violation, failed to appear for the hearing. 

These cases were investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe.  Assistant U.S. Attorney Jay Miller prosecuted both cases.

Uses The Knife 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 Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.

Luther Blue Thunder, age 35, was indicted on August 16, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 8, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 1, 2011, and September 1, 2012, and again between September 1, 2013, and December 31, 2013, at Mission, South Dakota, Blue Thunder knowingly engaged in and attempted to engage in sexual acts or contact with three different victims.  All three victims were children who had not attained the age of 12 years.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.

Parrish Antelope, age 20, was sentenced to 19 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Antelope was indicted by a federal grand jury on October 14, 2015.  He pled guilty on June 6, 2016.

The conviction stemmed from an incident on September 5, 2015, when Bureau of Indian Affairs law enforcement was dispatched to Little Eagle, South Dakota, in response to a call of an intoxicated male trying to start a fight.  Antelope opened the door, then staggered back to the kitchen. 

Law enforcement informed Antelope that they had received a call about him trying to start fights.  Antelope stated that if he wanted to start a fight, he would have a long time ago.  The homeowner and another female entered the kitchen and stated that she wanted him arrested for beating up her boyfriend, the victim.  The ladies informed law enforcement that the victim’s forehead was split open and they believed he needed stitches.

Antelope began yelling at the ladies and told law enforcement that he had assaulted the victim for leaving him in town.  Antelope also stated to law enforcement that he struck the victim with his fist and elbow. 

Law enforcement then proceeded to meet with the victim, who had a hole in the center of his forehead extending out in a star pattern to the size of a 50 cent piece with the skin deeply ripped.  The victim indicated he was sleeping in the basement when he heard a loud commotion, and he was struck on the head.  The victim then got up and chased Antelope out of the basement to the main level.  When he reached the top of the stairs, the victim noticed he was bleeding badly and went to the bathroom to tend to his injuries. 

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict,” to be followed by a panel discussion, at 6:30 p.m. on Tuesday, September 20, 2016.  The event will be held at Augustana University’s Kresge Recital Hall, located at 2120 S. Grange Avenue in Sioux Falls.

The film runs for approximately 60 minutes.  The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, an individual in recovery from opiate addiction, as well as staff from Face It TOGETHER and Keystone Treatment Center. 

The event is free and open to the public.  For further information and resources, visit DEA’s  website: https://getsmartaboutdrugs.com  

On Wednesday, September 21, 2016, the United States Attorney’s Office will host a community forum designed to highlight a unique, realistic perspective on the impact of prescription drug and opioid abuse.  The event will be held from 6:00-8:00PM, at the Elks Theater, located at 512 6th Street in downtown Rapid City, South Dakota.

The event will feature a screening of “Chasing the Dragon: The Life of an Opiate Addict” - a documentary film collaboratively produced by the Federal Bureau of Investigation and the Drug Enforcement Administration in response to increasing prescription painkiller and opioid drug abuse across the nation. The film, which is designed to better educate students and young adults about the dangers of these drugs and the tragic consequences that often accompany addiction, debuted nationally in February 2016.  According to data in the film, nearly 46,000 people die from drug use annually in the United States, and about half of those deaths are related to opiate drug abuse.  At least 78 Americans die every day from an opioid overdose – it affects all ages, all socio-economic groups, all over the country, including Rapid City.

The movie screening will begin at 6:00PM on September 21, in the Elk’s main theater.  The documentary is approximately one-hour long, and will be followed by an interactive panel discussion with representatives from law enforcement, medical response, and mental health.

• Drug Enforcement Administration
• Pennington County State’s Attorney
• Psychologist/Counselor
• Rapid City Fire Department/EMS

Individuals and community groups are encouraged to attend.  The event is free and open to the public.

For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com  

United States Attorney Randolph J. Seiler announced that a Fort Worth, Texas, man was acquitted of Involuntary Manslaughter as a result of a federal jury trial in Pierre, South Dakota, on September 8, 2016.

Daniel York, age 29, was indicted by a federal grand jury on July 14, 2015.

The charge related to the alleged accident on July 12, 2015, when an adult male was killed in a car crash in Indian country.

The investigation was conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Mellette County Sheriff’s Office. The U.S. Attorney's Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Transfer of Obscene Material to a Minor and Attempted Enticement of a Minor Using the Internet.

Kevin Dolejsi, age 30, was indicted on September 7, 2016.  He appeared before U.S. Magistrate Veronica L. Duffy on September 8, 2016, and pled not guilty to the Indictment.

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

The events leading to the charge occurred between August 9 and August 17, 2016, in Sioux Falls.

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

The investigation is being conducted by the Homeland Security Investigations.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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

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

Joseph Huddelston, age 43, was indicted on June 21, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollmann on September 8, 2016, and pleaded not guilty to the Indictment. 

The maximum penalty upon conviction is ten 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 Huddelston illegally possessing a Glock 9mm pistol at Rapid City.  The charge is merely an accusation and Huddleston is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Pennington County Sheriff’s Office, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, woman convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.

Melanie Buffalo, age 36, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Buffalo was indicted by a federal grand jury on January 21, 2016.  She pled guilty on June 6, 2016.

The conviction stems from an incident that occurred on November 5, 2015, at Timber Lake, when the victim attempted to intervene in a physical altercation that was taking place between Dustin Buffalo and one of the victim’s stepchildren.  When the victim attempted to intervene in the altercation, Melanie joined Dustin Buffalo in physically assaulting the victim. Melanie hit the victim first with her fists, and then grabbed a glass and struck the victim on the side of the head, knocking him to the floor.  The victim’s head was cut open and he began to bleed.  While he was lying on the floor, both Melanie and Dustin Buffalo repeatedly hit and kicked the victim with shod feet. 

The victim received medical treatment for his injuries, but continues to have problems with dizziness, headaches, and blurred vision because of the assault.

Dustin Buffalo was previously sentenced to 40 months for his part in the crime.

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

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

United States Attorney Randolph J. Seiler announced that a Selby, South Dakota, woman convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.

Amanda Iron Wing, age 28, was sentenced to 21 months in custody, followed by 2 years of supervised release, $1,669.46 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.

Iron Wing was indicted by a federal grand jury on August 11, 2015.  She pled guilty on June 8, 2016.

The conviction stems from a June 6, 2015, incident when a vehicle Iron Wing was driving was reported stolen.  Iron Wing led law enforcement on a high-speed chase that lasted approximately 30 minutes.  During the pursuit, Iron Wing was throwing alcoholic beverage containers out of the vehicle.  A law enforcement officer pulled up alongside the pickup and told Iron Wing she needed to stop, but she replied that she didn’t want to.  Twice during the pursuit, law enforcement officers had to take evasive action to avoid a collision with Iron Wing’s vehicle.  Finally, Iron Wing backed into an approach and stopped.  When a patrol car was less than 10 feet from the pickup, Iron Wing accelerated rapidly, rammed the left front corner of the patrol car, and continued west towards Highway 63.  An officer set up road spike strips on Route 2 just before Highway 63, and Iron Wing drove over them and stopped.  When the officers approached Iron Wing’s vehicle, she locked the doors and refused to open them.  An officer broke a window to gain access and placed Iron Wing in wrist restraints.  Iron Wing was cursing and swearing at the officers, and she was intoxicated, blowing a .248 on the PBT.  One of the officers received a cut on his right forearm during this process.

This case was investigated by the Federal Bureau of Investigation, the Dewey County Sheriff’s Office, and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Iron Wing 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.

Allen Good Shield, age 27, was indicted on August 23, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between August 2, 2016, and August 11, 2016, Good Shield, a person required to register under the Sex Offender Registration and Notification Act, failed to register and update his registration.

The charge is merely an accusation and Good Shield 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.   

Good Shield 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 Frank Gallardo, 39, of Porcupine, South Dakota, was found guilty of two counts of Abusive Sexual Contact at the conclusion of a three-day federal jury trial in Rapid City. The verdict was returned on August 31, 2016.

The maximum penalty is life imprisonment and/or a $250,000 fine, lifetime supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution. 

The conviction stems from Gallardo engaging in sexual contact with a female under the age of 12, near Porcupine.

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

A presentence investigation was ordered and sentencing is scheduled for January 20, 2017.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that three Mission, South Dakota, women have been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Child Abuse.

Verna Blue Thunder, age 41; Lorraina Lydia Stead, age 25; and Lydia Lorena Stead, age 21; were indicted on August 16, 2016.  All three appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.  Lydia Lorena Stead made her initial appearance on August 24, 2016, Verna Blue Thunder on August 25, 2016, and Lorraina Lydia Stead on September 1, 2016.

Verna Blue Thunder faces a mandatory minimum of 10 years, up to life in custody on the charge of assault resulting in serious bodily injury to a child. All three women face up to 15 years in custody on the child abuse charges.  Each charge may result in up to 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 between January 1, 2016, and June 25, 2016, Verna Blue Thunder unlawfully assaulted a child who had not attained the age of 18 years, and that assault resulted in serious bodily injury to the child.

The Indictment also alleges that between October 29, 2014, and June 25, 2016, all three women abused two minor children, who had not attained the age of seven years, and aided and abetted in the offense.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Lydia Lorena Stead was released on bond.  Verna Blue Thunder and Lorraina Lydia were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for November 1, 2016.

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

Johnny Walking Bull, age 32, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2016, 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 May 19, 2016, Walking Bull forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties.

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

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

Walking Bull was released on bond pending trial, which has been set for November 1, 2016.

WASHINGTON – The Justice Department filed a complaint late yesterday alleging that BioFusion Health Products Inc., a business with headquarters in Rapid City, South Dakota, violated the employment rights of former South Dakota Air National Guard Senior Airman Amber M. Ishmael under the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Ishmael has served her country as part of the Air National Guard since 2010 and is currently a staff sergeant with the Missouri Air National Guard.

According to the complaint, which was filed in the U.S. District Court for the District of South Dakota, Ishmael’s military service was a motivating factor in BioFusion’s decision to both deny her request for reemployment and ultimately terminate her employment.  The department claims both actions by BioFusion violated Ishmael’s rights as a servicemember to employment and reemployment under USERRA.

The complaint further alleges that in February 2015, BioFusion fired Ishmael from her position as a receptionist due to her military service and subsequently denied her application for reemployment following her active military duty.  Ishmael’s employment was terminated while she was out of state attending Airmen Leadership School, which is professional military education training associated with her military service.  When Ishmael requested reemployment upon return, she was explicitly denied based on her previous absence related to her military service.

“BioFusion must be held to account for its alleged wrongful termination of Staff Sgt. Ismael, who proudly serves in our Air National Guard,” said Principal Deputy Associate Attorney General Bill Baer.  “The Department of Justice is committed to protecting the employment rights of those who meet their active duty commitments.”

“Staff Sergeant Ishmael served our nation with honor and distinction, and USERRA guarantees her right to return to civilian employment upon returning from military service,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “This lawsuit and the department’s Servicemembers and Veterans Initiative demonstrate our steadfast commitment to leverage every resource and tool at the federal government’s disposal to protect the rights of the men and women who defend our freedom and safeguard our way of life.”

“Members of our Air National Guard make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota.  “When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations.  We are filing suit on behalf of Staff Sergeant Ishmael, a former member of the South Dakota Air National Guard, to ensure that she does not lose her rights while she was protecting ours.” 

USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations.  USERRA also protects servicemembers from discrimination on the basis of their military obligations.

The lawsuit seeks damages equal to the amount of Ishmael’s lost wages and benefits caused by BioFusion’s failure to comply with USERRA.  It also seeks orders requiring BioFusion’s compliance with all provisions of USERRA and requiring BioFusion to pay all related litigation fees.

Ishmael initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties.  After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division.  This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office of the District of South Dakota.  The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA.  Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 30, 2016, by U.S. District Judge Roberto A. Lange.

Cletis Creek, age 54, was sentenced to 12 months and one day in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Creek was indicted by a federal grand jury on May 17, 2016.  He pled guilty on June 14, 2016.

Creek was convicted of Sexual Contact with a Person Incapable of Consenting in Sixth Judicial Circuit, Hughes County, South Dakota, in January 2008.  He was sentenced to 4 years in the State Penitentiary.  Creek is required to register quarterly as a sex offender for the rest of his life.  In October 2015, Creek registered with an address in Eagle Butte.   He was to register next in January 2016.  On January 8, 2016, a sex offender registry compliance officer met with Creek and inquired when he would be coming in to register.  Creek became irate and advised the he would not be coming in to register and that he was going to register only once a year.  Creek did not register in January or before the end of April 2016, the end of the next three-month cycle. 

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

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

The Justice Department filed a complaint late yesterday alleging that BioFusion Health Products Inc., a business with headquarters in Rapid City, South Dakota, violated the employment rights of former South Dakota Air National Guard Senior Airman Amber M. Ishmael under the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Ishmael has served her country as part of the Air National Guard since 2010 and is currently a staff sergeant with the Missouri Air National Guard.

According to the complaint, which was filed in the U.S. District Court for the District of South Dakota, Ishmael’s military service was a motivating factor in BioFusion’s decision to both deny her request for reemployment and ultimately terminate her employment.  The department claims both actions by BioFusion violated Ishmael’s rights as a servicemember to employment and reemployment under USERRA.

The complaint further alleges that in February 2015, BioFusion fired Ishmael from her position as a receptionist due to her military service and subsequently denied her application for reemployment following her active military duty.  Ishmael’s employment was terminated while she was out of state attending Airmen Leadership School, which is professional military education training associated with her military service.  When Ishmael requested reemployment upon return, she was explicitly denied based on her previous absence related to her military service.

“BioFusion must be held to account for its alleged wrongful termination of Staff Sgt. Ishmael, who proudly serves in our Air National Guard,” said Principal Deputy Associate Attorney General Bill Baer.  “The Department of Justice is committed to protecting the employment rights of those who meet their active duty commitments.”

“Staff Sergeant Ishmael served our nation with honor and distinction, and USERRA guarantees her right to return to civilian employment upon returning from military service,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “This lawsuit and the department’s Servicemembers and Veterans Initiative demonstrate our steadfast commitment to leverage every resource and tool at the federal government’s disposal to protect the rights of the men and women who defend our freedom and safeguard our way of life.”

“Members of our Air National Guard make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota.  “When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations.  We are filing suit on behalf of Staff Sergeant Ishmael, a former member of the South Dakota Air National Guard, to ensure that she does not lose her rights while she was protecting ours.”

USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations.  USERRA also protects servicemembers from discrimination on the basis of their military obligations.

The lawsuit seeks damages equal to the amount of Ishmael’s lost wages and benefits caused by BioFusion’s failure to comply with USERRA.  It also seeks orders requiring BioFusion’s compliance with all provisions of USERRA and requiring BioFusion to pay all related litigation fees.

Ishmael initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties.  After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division.  This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office of the District of South Dakota.  The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA.  Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm. 

BioFusion Health Products Complaint

United States Attorney Randolph J. Seiler announces that the United States District Court has affirmed the federal conviction and sentence of Roberta Helmerick.  Helmerick was convicted in federal district court in Rapid City of Collecting Signatures on United States Post Office Property, after being warned repeatedly by postal personnel and the Rapid City Police that her signature collecting violated federal regulations.  The magistrate judge who heard the case imposed a $200 fine after convicting Helmerick.

During the trial, the magistrate judge heard that Helmerick was advised repeatedly that collecting signatures on a petition on post office property was a violation of federal regulations.  Despite numerous requests from postal personnel and officers with the Rapid City Police Department to move her signature collection activities to sidewalks around the post office, Helmerick continued collecting signatures, even after other members of the group she belonged to had moved to the sidewalks.

In her appeal, Helmerick argued the Postal regulations were not posted sufficiently to provide notice of their requirements.  In a published opinion, the district court affirmed the magistrate judge’s verdict in all respects, concluding Helmerick had received actual notice of the regulations.

Assistant U.S. Attorney Eric Kelderman prosecuted the case at trial and handled the appeal for the government.  The investigation was conducted by the United States Postal Inspection Service and the Rapid City Police Department.

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

Traelyn Lashae McCloskey, age 18, was indicted on August 16, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2016, 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 May 7, 2016, McCloskey forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Rosebud Sioux Tribe, while said officer was performing his official duties.

The charge is merely an accusation and McCloskey 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.   

McCloskey 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 St. Francis, South Dakota, man has been indicted by a federal grand jury for Obscene Telephone Call, Anonymous Telephone Call, Repeated Telephone Call, Repeated Harassing Communications, and Stalking.

Calvin Richard Spotted Tail, age 36, was indicted on May 17, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 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 for each count.  Restitution may also be ordered.

The Indictment alleges that between June 9, 2011, and July 16, 2014, Spotted Tail made numerous obscene telephone calls, anonymous telephone calls, and repeated telephone calls to several women and businesses.

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

The investigation is being conducted by the Federal Bureau of Investigation, Rosebud Sioux Tribe Law Enforcement Services, Rapid City Police Department, and the Cherry County Police Department.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Spotted Tail 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 Domestic Assault by an Habitual Offender and Assaulting, Opposing, Resisting, and Impeding a Federal Officer.

Charles Black Spotted Horse, age 24, was indicted on August 16, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 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 for each count.  Restitution may also be ordered.

The Indictment alleges that on April 29, 2016, Black Spotted Horse unlawfully assaulted his spouse when, at the time of the domestic assault, Black Spotted Horse had a final conviction on at least two prior occasions for offenses that have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. The Indictment also alleges that on or about April 29, 2016, Black Spotted Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Rosebud Sioux Tribe, while that officer was engaged in the performance of his official duties.

The charges are merely an accusation and Black Spotted 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 W. Albertson is prosecuting the case.   

Black Spotted Horse was released on bond pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Mellette County, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.

Ty Wesley Clifford, age 23, was sentenced to 33 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.  Clifford was also ordered to forfeit U.S. currency and two handguns seized by law enforcement in September 2015.

Clifford was indicted for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person by a federal grand jury on January 21, 2016.  He pled guilty to Conspiracy to Distribute a Controlled Substance on June 1, 2016.

From May 2014 through September 2015, Clifford received and distributed methamphetamine in South Dakota.  The individuals who provided Clifford with large amounts of methamphetamine knew he intended to engage in further distribution.  It was reasonably foreseeable to Clifford that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy.

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

Clifford 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 Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.

Carlin Brings Horse, Jr., age 38, was sentenced to 6 months in custody,  6 months in home confinement, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Brings Horse was indicted by a federal grand jury on November 10, 2015.  He pled guilty on May 31, 2016.

The conviction stemmed from an incident in the late evening on June 21, 2015, when Carlin Brings Horse, Jr., went to the Indian Health Services emergency room with his mom and sister, after taking “new meth” claiming he was hallucinating. He was checked out medically and offered a shot of Ativan but refused it, as well as a transfer to behavioral health. Brings Horse was then released from the emergency room.  A few hours later, in the early morning hours of June 22, 2015, Brings Horse and his family arrived back at the emergency room, claiming his chest hurt and his heart was racing again from the “new meth.” Brings Horse also admitted to drinking alcohol and using marijuana that night. He again refused treatment.

Law enforcement arrived at the emergency room and took Brings Horse into tribal protective custody. Once at the detention center, Brings Horse was booked into a holding cell with another inmate. 

Brings Horse began to splash urine water on the other inmate in his cell. Correctional officers entered the cell and told Brings Horse to stop splashing urine water on his cellmate. Brings Horse refused to follow commands and instead splashed urine water on the officers. He was directed to stop and get on the ground. Brings Horse refused and got into a fighting stance. He was told again to get on the ground but refused. The officers approached Brings Horse and a physical altercation began. Brings Horse swung at and hit both officers. One of the officer was able to get Brings Horse around the waist and partially over his shoulder. Brings Horse then bit the officer twice on the back through his shirt. Also during the struggle, the second officer was kicked in the groin area and sustained scrapes to his hand. The officers were finally able to secure Brings Horse in leg and wrist restrains.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

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

LaShay Shields, age 21, was indicted on July 19, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on June 13, 2016, Shields assaulted, resisted, opposed, impeded, intimidated and interfered with several officers from the Rosebud Sioux Indian Tribe, while said officers were engaged in their official duties.

The charges are merely accusations and Shields 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.   

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