District of South Dakota

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault by Strangulation and Suffocation, and two counts of Child Abuse.

Paris James Bordeaux, age 26, was indicted on August 16, 2016.  He 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 life in custody and/or a $250,000 fine, 5 years of supervised release, and $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 24, 2016, Bordeaux knowingly and willfully seized, confined, inveigled, decoyed, kidnapped and carried away his intimate and dating partner and held her for the purpose of assaulting her.  On that same date, Bordeaux unlawfully assaulted his partner by strangling, suffocating, and attempting to do so.  Two young children were subjected to the assault.

The charges are merely accusations and Bordeaux 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.    

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.

Ree Amber Eagle Staff, age 34, 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 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 on three different days in July of 2016, Eagle Staff knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.

The charges are merely accusations and Eagle Staff is 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.   

Eagle Staff was released on bond pending trial.  Trial has been set for October 18, 2016.

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.

Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was indicted on August 16, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on two different days in June of 2016, LeCompte knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.

The charges are merely accusations and LeCompte is 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.   

LeCompte was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for October 18, 2016.

PIERRE, S.D. -  Attorney General Marty Jackley, United States Attorney Randolph J. Seiler, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking in Rapid City.

“It is important that we protect our children with law enforcement operations that focus on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.

“Despite the intense publicity and focus on human trafficking these past few years, these undercover operations serve as a somber reminder that some people will throw caution to the wind and succumb to their perverted instincts,” said U.S. Attorney Randy Seiler. “I’m proud of the joint collaboration displayed by law enforcement and our united efforts to bring sex traffickers to justice.”

The investigation resulted in the following felony arrests for sex crimes:

Marshall Brown, 26, Ellsworth AFB, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)

Duane Hosek, 61, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)

Ryan Kammerer, 26, Box Elder, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Brendan Leiter, 24, Elkhart, IN, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Noah Schottenstein, 27, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Andries Snyman, 42, Isabel, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Cody Two Lance, 33, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)

Joel Zupnik, 51, Ft. Collins, CO, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years in prison, up to life. Hosek, Two Lance, and Brown, could face an additional 10 years in prison if convicted of the Attempted Transfer of Obscene Material to a Minor.

All these individuals are presumed innocent until such time as proven guilty.

The Attorney General’s Office would like to extend its appreciation to the Rapid City Police Department, Pennington County Sheriff’s Office, Sturgis Police Department and Homeland Security Investigations for their efforts and continued cooperation.
 

United States Attorney Randolph J. Seiler announced that two former residents of the Brookings, South Dakota, area, convicted of conspiracy to distribute methamphetamine, were sentenced on August 19, 2016, by U.S. District Court Judge Karen E. Schreier.

Javier Santos Garcia-Hernandez, age 33, and Juan Francisco Herrera-Rodriguez, age 26, were both sentenced to 121 months in prison, to be followed by 3 years of supervised release.  They were also ordered to pay $100 each to the Federal Crime Victims Fund.

Garcia-Hernandez and Herrera-Rodriguez were indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on May 24, 2016.  They were found guilty of the offense on June 3, 2016, after a four-day jury trial.

Beginning in April 2015, the defendants worked together to distribute methamphetamine in Brookings County.  They recruited others to sell methamphetamine for them during the conspiracy.  Confidential informants working with law enforcement purchased methamphetamine from the defendants on multiple occasions.  Several recorded buys were made, and the defendants provided over 200 grams of pure methamphetamine to the informants for distribution.  They were arrested on September 15, 2015.

This case was investigated by the South Dakota Division of Criminal Investigation and the Drug Enforcement Administration.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

Both men were 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 convicted of Second Degree Murder was sentenced on August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Steven Steele, 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.

Steele pleaded guilty to the charge on April 22, 2016.  The conviction stems from Steele 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. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 15, 2016, by U.S. District Judge Roberto A. Lange.

Joseph R. Morrisette, III, age 46, was sentenced to one year and one day in custody, followed by two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Morrisette was indicted by a federal grand jury on April 13, 2016.  He pled guilty on June 8, 2016.

The conviction stemmed from an incident on March 15, 2016, when an officer with the Rosebud Sioux Tribe Law Enforcement Services responded to a request for assistance.  A woman contacted dispatch in order to have Morrisette removed from the residence, due to his drinking. The officer arrived at the location and made contact with Morrisette. After a field sobriety test was administered by the officer, Morrisette became uncooperative and pulled away from the officer when he attempted to restrain him. An altercation ensued. The officer deployed a burst of pepper spray in Morrisette’s face, and while the officer was attempting to place handcuffs on Morrisette, he struck the officer. The officer deployed a second burst of pepper spray and Morrissette charged at the officer. Morrissette attempted to push the officer out the rear door and down the steps from the top floor of the house.  Both the officer and Morrisette ended up outside of the home.  Morrisette went back inside the house and locked the door.  The officer kicked the door open and Morrisette charged out of the house, swinging a chair at the officer.  The officer was able to grab Morrisette’s hands and dropped him to his knees.  Morrisette then became compliant with the officer.

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

Morrisette 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 convicted of Assault With a Dangerous Weapon was sentenced on August 16, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Adam Shangreaux, age 29, was sentenced to 33 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Shangreaux was charged on November 17, 2015, and pleaded guilty on April 29, 2016.  The conviction stems from Shangreaux assaulting a woman at Kyle, causing a collapsed lung and abdominal injuries.

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.

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

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the conviction and sentence of Lona Lee Colhoff who was found guilty by a federal jury of two counts of conspiracy to distribute a controlled substance and one count of attempted witness tampering.  The district court sentenced Colhoff to concurrent 45-month sentences for each conviction.

In her appeal, Colhoff challenged the sufficiency of the evidence on the witness-tampering conviction and asserts that the statement underlying her conviction was protected expression under the First Amendment. She also argued that the conspiracy charges were improperly joined with the witness tampering charge.

The case involved the prosecution of a drug distribution network headed by Colhoff’s brother. Her brother relied on a network of family members and friends to transport, store, and distribute cocaine and marijuana on and around the Pine Ridge Indian Reservation. 

Because there was a reasonable basis to conclude that Colhoff and a co-defendant were involved in a common scheme to distribute drugs, the district court did not plainly err by permitting joinder of Colhoff’s conspiracy charges with the charge that she attempted to tamper with a witness against a co-defendant.

Assistant United States Attorney Ted L. McBride prosecuted the case at the district court level and handled the appeal for the government.  The case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force.

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the sentence of Casey James Godfrey who pled guilty on January 14, 2015, to one count of Enticement of a Minor by Use of the Internet.  Godfrey was sentenced in June 2015 by Chief Judge Jeffrey L. Viken, U.S. District Court, to 20 years’ imprisonment, followed by 20 years of supervised release.

“As the two federal courts that have now reviewed this case have said, the punishment here is not only deserved for this terrible crime, but it should serve as a lesson for anyone else considering victimizing others, especially our children,” U.S. Attorney Seiler said.  “Federal sentences contain no potential for parole, and so a 20-year sentence should be a wake-up call for internet predators.”

Godfrey worked as a custodian at an elementary school in Rapid City, South Dakota, from July 2013 until January 2014.  On December 17, 2013, he emailed – unbeknownst to Godfrey – a Nebraska law enforcement officer who was conducting an online investigation by posing as a 14-year-old girl. He communicated with the officer by email and text messages for about one month.  During that time, Godfrey asked for nude photos of the child and also sent the undercover agent nude images of himself, standing in front of a bathroom mirror at the school.  Godfrey also expressed sexual interest in an 11-year-old female student who attended the school where he worked. 

He was arrested on January 23, 2014.  Search warrants served on various internet and email providers revealed that Godfrey had also exchanged images of child pornography with other individuals and had communicated with minors, trying to entice them to send him illicit photographs of themselves.  Godfrey convinced two minor females, one from Illinois and one from Texas, to provide him nude images of themselves. 

At sentencing, the district court determined that, to send a clear message to the public, it was necessary to sentence Godfrey above the recommended range of the federal Sentencing Guidelines.  The court expressed particular concern that Godfrey used the school to create and transmit photos during his attempt to induce a minor victim.  The court also reasoned that Godfrey’s actions in a public setting required heightened protection from future predatory conduct.

The Eighth Circuit found that the district court did not abuse its discretion in sentencing Godfrey as it did.  The appellate court reasoned that “Congress specifically made general deterrence an appropriate consideration, and we have described it as ‘one of the key purposes of sentencing.’”     

Assistant U.S. Attorney Sarah Boensch Collins prosecuted the case and handled the appeal for the government.  The case was investigated by the South Dakota Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, Nebraska State Patrol, Chadron Police Department, Illinois Internet Crimes Against Children Taskforce, Montgomery County Illinois Sheriff’s Office, and the Texas Attorney General’s Office.

Media are invited Thursday, Aug. 18, to the Sioux Falls Convention Center. Media may come and film a portion of Matthew Sandusky’s presentation at 9:30 a.m. in the convention center ballroom, followed by a press conference at 10:05 a.m. in Meeting Room 9. At the press conference, keynote speaker Matthew Sandusky will give comments and will be available for interviews, along with State Senator Deb Soholt, and U.S. Attorney Randolph Seiler.

SIOUX FALLS (Aug. 16, 2016) – A Child Sexual Abuse Conference will be held Thursday, Aug. 18 and Friday, Aug. 19 at the Sioux Falls Convention Center in Ballrooms A and B. This event is sponsored by Avera, the U.S. Attorney’s Office of South Dakota, and Children’s Home Society.

“Child sexual abuse is one of the most devastating criminal activities we face. In South Dakota, it’s estimated that child sexual abuse impacts 4,000 children every year – and these are only the kids we know about.  The actual number is much higher, because abuse is often hidden for years, and some victims never tell. Through this event, we hope to have a lasting impact in our community, region and state,” said Randolph Seiler, U.S. Attorney for the District of South Dakota.

Keynote speakers include:

• Matthew Sandusky, Founder and Executive Director of Peaceful Hearts Foundation, and a victim of childhood sexual abuse at the hands of his adopted father, Jerry Sandusky.

• Erin Merryn, childhood sexual abuse survivor, and now author and advocate for the abused. She has been named 2012 Glamour Magazine Woman of the Year and among “HEROES Among Us” in People Magazine in 2013.

• Robert Anda, MD, co-founder of the Adverse Childhood Experiences – or ACE Study – with the Centers for Disease Control and Prevention (CDC).

• Victor Vieth, JD, Founder and Senior Director of the Gundersen National Child Protection Training Center, in Winona, Minn., and author of a groundbreaking journal article: “Unto the Third Generation: A Call to End Child Abuse in the United States within 120 Years.”

This is the third annual conference sponsored by Avera and the U.S. Attorney’s Office, along with other community sponsors, to explore issues of justice, well-being and safety in our state and region. Past topics have included human trafficking and living with disabilities.

“This year, we sought to bring together a group of people concerned for stopping the horrors that children experience in the form of sexual abuse,” said Deb Soholt, Women’s Health for Avera Medical Group, as well as South Dakota State Senator representing District 14 in Sioux Falls.

Throughout this two-day event, the goal is to open up a larger conversation between people from all walks of life in South Dakota. Attendees represent the legal system, government, health care, education, social work, ministries and more.

A turnout of over 350 is expected. “This high turnout demonstrates our collective need to move forward toward bring about real and significant change,” Soholt added.

United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Abusive Sexual Contact was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.

Charles Edward Gabe, age 20, was sentenced to 60 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Gabe was indicted by a federal grand jury on January 21, 2016.  He pled guilty on May 9, 2016.

The conviction stemmed from an incident on January 4, 2016, when a Special Agent (SA) with the Bureau of Indian Affairs (BIA) was dispatched to Mobridge regional hospital for an interview with a minor female, who reported being sexually assaulted by her cousin, Charles Edward Gabe.  Earlier in the evening, the victim was sitting downstairs in the living room at her home in Wakpala, South Dakota, when her mom informed her that she was leaving to run an errand.  About this same time, Gabe entered the living room and looked out a window to make sure the victim’s mother had left.  Gabe closed the curtain to the window and began to tickle and kiss the victim on the neck.  Gabe then proceeded to get on top of the victim and shoved his hand down her pants, penetrating her vagina with one of his fingers.  The victim tried to get him off of her but could not due to his size and weight.   Gabe continued the assault by pulling out his penis and placing the victim’s hand on it.  The victim began to cry, at which time Gabe discontinued the assault and fled back to his room.

The following day, Gabe admitted to touching the victim’s vaginal area with his hand, inserting his finger into the victim’s vagina, and placing the victim’s hand on his penis during the encounter.

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

Gabe 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, woman convicted of Mail Fraud was sentenced on August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Danelle Arlene Newman, a/k/a Danelle Marshall, age 36, was sentenced to five years’ probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $23,246.95 in restitution.

Newman was charged on November 17, 2015, and pled guilty on April 29, 2016. The charge related to Newman fraudulently completing and mailing deeds to restricted Indian lands belonging to her mother to the Office of Special Trustee for American Indians and then using the money for her personal benefit.

This case was investigated by the Department of Interior, Office of Inspector General.  Assistant U.S. Attorney Ben Patterson 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 August 15, 2016, by U.S. District Judge Roberto A. Lange.

Jeremy Eagle Bear, age 26, was sentenced to 12 months and one day in custody, 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Eagle Bear was indicted by a federal grand jury on April 13, 2016.  He pled guilty on June 7, 2016.

Eagle Bear was convicted of Sexual Abuse of a Minor in federal court in January 2014.  He was sentenced to 18 months of custody, followed by 6 years of supervised release.  Eagle Bear is required to register as a sex offender for 25 years following his conviction and to update his registration within three business days of relocating or changing employment.  In October 2015 Eagle Bear registered with an address in Rapid City.   On December 10, 2015, Eagle Bear was to report to the U.S. Probation Office in Pierre, South Dakota, and he failed to do so.  On December 15, 2015, the probation office was unable to locate Eagle Bear at his apartment in Rapid City, and an arrest warrant was issued.  In March 2016, Eagle Bear was found living in Parmelee, South Dakota, and he was arrested.  Eagle Bear did not update his sex offender registration between December 2015 and March 2016.

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

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

United States Attorney Randolph J. Seiler announced that a New Effington, South Dakota, man convicted of Attempted Trafficking in Involuntary Servitude or Forced Labor was sentenced on August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Toby Magnuson, a/k/a “Scooby,” age 45, was sentenced to 6 years of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Magnuson was one of four men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2015 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet.  The conviction stemmed from Magnuson responding to an online advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Magnuson believed to be associated with a 15-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $100.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.

Magnuson was immediately turned over to the custody of the U.S. Marshal's Service.   

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.

Jade LaRoche, age 36, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 15, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about April 18, 2016, LaRoche assaulted, resisted, opposed, and interfered with two agents from the Bureau of Indian Affairs while they were engaged in the performance of their official duties.

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

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

LaRoche 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 Kenel, South Dakota, man was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.

Denny Johnson, age 31, was sentenced to 360 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $410.

Johnson was indicted by a federal grand jury on June 17, 2014.  From May 10, 2016, to May 12, 2016, following a 3-day federal jury trial in Aberdeen, South Dakota, Johnson was found guilty of 2 counts of Aggravated Sexual Abuse by Force, Assault with a Dangerous Weapon, Domestic Assault by an Habitual Offender, and Simple Assault.

The convictions stemmed from incidents between December 29, 2013 and January 10, 2014, when Johnson, who had been in a tumultuous and violent relationship since early 2000 with the victim, began to physically and emotionally abuse her.  Upon arriving home, Johnson began yelling at her because he had been watching her at work and saw her interacting with a co-worker. 

As Johnson was displaying hostility, the victim began to gather her belongings so she could leave.  She put her clothes in a suit case and headed out of the house.  As she opened the door to leave, Johnson suddenly slammed the door shut, told her she was not leaving, grabbed her by her jacket collar, jerked her to the floor, and assaulted her.  As she was lying on the floor, Johnson began to repeatedly kick her on the small of her back.  He knew that she had injured her back previously, which is why he was kicking her there. 

The victim was able to get up and attempted to escape.  Johnson again grabbed her by the jacket, but this time he cut it off of her with a large army knife he had grabbed, chased her into his bedroom, with the knife still in his hand.  He also began throwing household items at her, striking her on the forehead. 

Johnson retrieved her suitcase, opened it, and started taking her clothing out and cutting it with the knife.  The victim tried escape out a window, but she was so nervous she could not unlock the window.  Johnson returned and began walking towards her and menaced her with the knife, which was still in his hand.  The victim was in a fetal position, and Johnson verbally abused her as she pleaded with him.  He used the knife to cut her clothes off.  After removing her undergarments with the knife, he threw her to the ground.  Thereafter, he threw the knife at her, sticking it in the floor beside her, and he told her to kill herself because he could not do it.  The victim refused, stating she had her children to live for so she would not kill herself. 

Johnson retrieved the knife, and kicked her as she tried to crawl away from him.  When she cried out, he told her to be quiet or he would kill her.  Johnson then urinated on the victim.  After urinating on her, Johnson told her that she stunk and ordered her to get into the shower.  He turned on the cold water only and forced her to stay under the water as he poured shampoo, soap, liquid hand soap, dish soap, a bottle of Mr. Clean, and some Clorox on her head and face.  He tried to dilute her with cleaning chemicals.  The victim was pleading with him to stop, but Johnson grabbed a mop bucket with dirty water in it and dumped that on her as well.  Following this, he ordered her out of the shower and told her to go to a bedroom.  Johnson made sure that she did not have any clothes.  Johnson came into the room and raped the victim in several ways.  During the sexual abuse, he hit her in the face, held a knife to her throat, and forced her to perform oral sex on him.

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

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.

Mario Delaney Crow Ghost, age 45, was sentenced to 10 months in custody, 8 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Crow Ghost was indicted by a federal grand jury on March 15, 2016.  He pled guilty on June 12, 2016.

The conviction stemmed from Crow Ghost failing to register as a sex offender from October 19, 2015, to March 15, 2016, when Crow Ghost had been convicted in U.S. District Court, District of South Dakota, for Sexual Abuse of a Minor. 

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

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

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

Jeff Sitting Bear, Jr., age 43, was indicted on July 26, 2016.  Sitting Bear appeared before U.S. Magistrate Judge Daneta Wollmann on August 12, 2016, and plead 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 charges relate to Sitting Bear committing the offenses by driving a motor vehicle in the wrong lane of traffic while under the influence of alcohol.  Sitting Bear collided head on with a motorcycle being driven by the victim on July 2, 2016, near Kyle.

The charges are merely accusations and Sitting Bear 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, the South Dakota Highway Patrol, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen is prosecuting the case.

Sitting Bear was released on bond pending trial.  A trial date has been set for October 18, 2016.

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the life sentence of Luciano Camberos-Villapuda who was convicted in March 2015 by a federal jury in Sioux Falls of conspiracy to distribute 500 grams or more of methamphetamine.

“This prosecution ended the career of a significant interstate drug trafficker, responsible for polluting our South Dakota communities with methamphetamine,” U.S. Attorney Seiler said.  “Today’s decision upholding his life sentence without parole should serve as a cautionary tale to anyone involved in the illegal drug trade.”

In May 2013, police in Denver received a tip that an out-of-state vehicle would be delivering methamphetamine to a home there.  Denver police conducted surveillance of the area.  In the early morning hours, as he was walking in the neighborhood’s alley, one of the detectives observed a man, later identified as Camberos, using a flashlight to work under an SUV.   

The detective was suspicious that Camberos was making a “vehicle hide”—an alteration made to a vehicle’s frame, in which narcotics, weapons, and firearms can be hidden.  He and other officers approached Camberos and questioned him.  When questioned, Camberos gave various conflicting, suspicious statements, such as not knowing who owned the vehicle, that he did not know who lived in the house and had not been inside, but then later he said he was staying there.  The officers secured the residence and pursued a search warrant.  Officers were concerned that others within the home might dispose of evidence or present a safety risk.  There was also concern that Camberos might be attempting to burglarize the residence.  As they secured the residence, officers saw methamphetamine and drug paraphernalia.

After obtaining a warrant, the officers searched the SUV and the home.  They seized two handguns, over 200 grams of methamphetamine, and $80,000.  Camberos was charged with conspiracy to distribute 500 grams or more of methamphetamine.  He moved to suppress evidence seized and statements he made to the police in Denver, and that motion was denied.

A jury found Camberos guilty of the conspiracy charge.  Evidence at trial showed that, among other places, Camberos was trafficking drugs to South Dakota, including shipments made to Yankton.  Because Camberos had been convicted previously of two felony drug offenses, he was subject to a mandatory life sentence.

Camberos appealed, arguing that the district court erred in denying his motion to suppress evidence and that his life sentence violated the Constitution.  The Eighth Circuit Court of Appeals found that the district court properly denied the motion to suppress physical evidence.  The appellate court reasoned that Camberos abandoned any privacy right to the searched property when he told officers they were not his.

Camberos’s challenge to his life sentence also failed.  The appellate court cited its own precedent and Congress’s clear intent to subject recidivist federal drug offenders to a mandatory life sentence.   

Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Dennis Holmes argued the appeal for the government.  The case was investigated by the Denver Police Department and the Drug Enforcement Administration.

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, woman has been indicted by a federal grand jury for First Degree Murder, Felony Child Abuse-Aggravated Battery of an Infant, and Felony Child Abuse & Neglect.

Katrina Shangreaux, a/k/a Katrina White Whirlwind, age 28, was indicted on August 9, 2016.  Shangreaux appeared before U.S. Magistrate Judge Daneta Wollmann on August 10, 2016, and pleaded not guilty to the Indictment.  The penalty upon conviction is mandatory life imprisonment and/or a $250,000 fine and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Shangreaux inflicting blunt trauma to a child, causing his death.  The charges are merely an accusation and Shangreaux is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Officers 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.

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

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the conviction of Todd Karl Bramer who pled guilty on June 15, 2015, to one count of possession of firearms by a prohibited person.  In his written guilty plea, Bramer admitted to knowingly possessing firearms, including two handguns and at least one other firearm, while “being an unlawful user of marijuana.”  He also waived the right to appeal all non-jurisdictional issues. 

In his appeal, Bramer argued that the statute under which he was convicted was unconstitutionally vague because the term “unlawful user” is vague.  The Eighth Circuit found that Bramer admitted in his written plea agreement to being an unlawful user of marijuana while in knowing possession of at least three firearms, and therefore the court found no basis in the record to conclude that the term “unlawful user” of a controlled substance was unconstitutionally vague as applied to him.

Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Connie Larson handled the appeal for the government.  The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

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

Brian Thunder Shield, age 18, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 4, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, up to life of supervised release, and $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 20, 2015, and December 10, 2015, Thunder Shield knowingly engaged in and attempted to engage in sexual acts with two female relatives, one of them a minor.  Thunder Shield knew one of his victims was incapable of appraising the nature of the conduct, and was physically incapable of declining participation in and communicating her unwillingness to the sexual act.

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

The investigation is being conducted by the Standing Rock Sioux Tribe.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the convictions and sentences of Wesley Running Shield and Michael Alford.  The two were convicted by a federal jury in February 2015 of assault with a dangerous weapon and assault resulting in serious bodily injury.  The two were each sentenced to 180 months’ imprisonment.

The convictions related to the two men of assaulting a victim in Pine Ridge, South Dakota, in June 2014.  They were separately indicted for assaulting two additional victims’ days later, also in Pine Ridge.  Rather than proceed to a second jury trial, the government dismissed the second indictment but introduced evidence of the additional assaults in seeking a higher sentence. 

On appeal, the two men challenged the district court’s consideration of the dismissed assaults when imposing the sentences.  The court of appeals affirmed in a published opinion today, holding that sentencing courts have broad discretion to consider the evidence on the separate assault when sentencing the two men.  It also did not violate their due process rights under the Sixth Amendment of the Constitution because the sentences fell within the statutory maximum terms, and a district court is entitled to determine sentences based on judge-found facts and uncharged conduct.  

Assistant U.S. Attorney Sarah Collins prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government.  The case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs. 

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.

Joseph Paul Marshall, age 37, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Daneta L. Wollmann on August 8, 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 February 1, 2016 and March 10, 2016, and again between March 20, 2016, and April 10, 2016, Marshall, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jay P. Miller is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Corn Creek, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.

Suni Wooden Knife, age 25, was sentenced to 37 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.  Wooden Knife was also ordered to forfeit U.S. currency that was seized by law enforcement in October 2014.

Wooden Knife was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 10, 2015.  Wooden Knife pled guilty to a Superseding Indictment charging Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting on February 1, 2016. 

The conviction stemmed from an incident that occurred on October 15, 2014, at the Rosebud Casino on the Rosebud Sioux Indian Reservation, when Wooden Knife possessed and aided and abetted Leon Kills In Water in the possession of over 100 grams of methamphetamine, knowing that the methamphetamine was intended for further distribution.  Along with the methamphetamine, over $6,000 in cash, believed to be proceeds from drug sales, was seized from Wooden Knife and Kills In Water at the Rosebud Casino.

Leon Kills In Water was previously sentenced on December 7, 2015, to 120 months in custody.

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.

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

United States Attorney Randolph J. Seiler announced that a Rapid City man convicted of Production of Child Pornography was sentenced on July 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Wallace Arthur Beane, age 53, was sentenced to 30 years in custody, a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Beane was indicted on April 21, 2015, and pleaded guilty on January 8, 2016.  The charge related to Beane knowingly producing images of child pornography on his phone in 2014 and 2015.  These images would be taken after he lured the children into his apartment with candy, alcohol, cigarettes, little pink pills, clothing and/or money.

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

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

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

Helen Ann Clifford, age 44, was sentenced to 42 months in custody, 3 years of supervised release, a $1,000 fine, and $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.  She pled guilty to Conspiracy to Distribute a Controlled Substance on April 19, 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 she 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 was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse of a Person Incapable of Consenting as a result of a federal jury trial in Pierre, South Dakota, beginning August 2, 2016, and concluding on August 4, 2016.

Lloyd Red Horse, age 33, was indicted by a federal grand jury on April 13, 2016.

The charges stemmed from an alleged incident that occurred in October 2015.

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon, Simple Assault, Prohibited Person in Possession of a Firearm, and Using a Firearm During and in Relation to a Crime of Violence was sentenced on August 1, 2016, by United States Court District Judge Roberto A. Lange.    

Michael Lee Long, Jr., was sentenced to 150 months in custody, 2 years of supervised release, restitution in an amount to be determined, and a $310 special assessment to the Federal Crime Victims Fund.  

Long was indicted by a federal grand jury on October 14, 2015.  He was convicted on May 12, 2016, following a three-day jury trial in Pierre, South Dakota. 

The charges stem from an incident that occurred on May 17, 2015, when Long accosted three people in parked car at a convenience store in Rosebud, South Dakota.  As Long stood next to the open front passenger door pointing a handgun at the victim in the passenger seat, the driver of the vehicle put the car in reverse in an effort to get away.  Long was knocked down by the open vehicle door and fired at the vehicle before it departed the parking lot.  The driver of the vehicle was the daughter of the front-seat passenger. The daughter’s boyfriend was also in the vehicle, seated in the back seat.  They were not injured.  A shell casing was subsequently located in the parking lot of the store and a bullet fragment was removed from the front of the vehicle.  The handgun, a Glock .40 caliber pistol, was also recovered and matched to the shell casing and bullet fragment.

Long was previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court in 2011, making it illegal for him to possess a firearm.  As a result of the verdict, Long will forfeit ownership of the firearm to the United States.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the South Dakota Division of Criminal Investigation (DCI). Assistant U.S. Attorneys Kirk Albertson and Meghan Dilges prosecuted the case.

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

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

Lavern David Luxon, Jr., age 24, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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 as well as a $5,000 assessment to the Domestic Trafficking Fund.

The Indictment alleges that on or about September 4, 2015, Luxon knowingly engaged and attempted to engage in a sexual act with a minor female who had not attained the age of 16 years, and who was, at least, 4 years younger than Luxon.

The charge is merely an accusation and Luxon 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.

Luxon was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 12, 2016.

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

Franklin Long Black Cat, age 22, was indicted on July 26, 2016.  Long Black Cat appeared before U.S. Magistrate Judge Daneta Wollmann on July 29, 2016, and pleaded 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 charge relates to Long Black Cat spitting on a deputy U.S. Marshal while he was engaged in his official duties on July 1, 2016, at Rapid City.

The charge is merely an accusation and Long Black Cat is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Randolph J. Seiler announced that an Ellsworth, Minnesota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 1, 2016, by U.S. District Judge Roberto A. Lange.

Lugene Rayfeal Russell, age 47, was sentenced to 22 months in custody, 2 years of supervised release, $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm, ammunition, and U.S. currency seized by law enforcement.

Russell was indicted by a federal grand jury on January 21, 2016. He pled guilty on May 9, 2016.

The conviction stemmed from an incident on November 16, 2015, when Bureau of Indian Affairs (BIA) Officers made contact with a vehicle in which Russell was a passenger, in Fort Thompson, South Dakota. At that time, Russell had in his possession 31 small individual baggies of marihuana, weighing a total of .31 ounces (8.8 grams), and a larger bag containing

marihuana weighing a total of .97 ounces (27.5 grams), which he intended to distribute to others. He also possessed a Beretta, model 950 BS, .25 caliber pistol, bearing serial number BR91469V, and ammunition. A comprehensive search of the vehicle on November 20, 2015, revealed $3,923 in U.S. currency bundled together in a compartment found behind the glove box.

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

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

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

Duciana Eagle Chasing, a/k/a Duciana Ranay Comes Flying, age 40, was indicted on July 19, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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, 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 on three different days in May of 2016, Eagle Chasing knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance, in South Dakota.

The charges are merely accusations and Eagle Chasing is 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.   

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

United States Attorney Randolph J. Seiler announced that an Allen, South Dakota man convicted of Second Degree Murder was sentenced on July 28, 2016 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nile Paul Waters, a/k/a Nile Hollow Horn Bear, age 21, was sentenced to 17 years and 6 months in custody; 3 years supervised release, $100 special assessment to the Federal Crime Victims Fund, and $858.36 in restitution.

Waters was indicted for Second Degree Murder by a federal grand jury on July 14, 2015.  He pled guilty on March 25, 2016.

On July 6, 2015, Waters was in Pine Ridge, South Dakota, with his girlfriend, Stanna Piper.  Later in the day, Waters and Piper met Theodore Red Cloud, the victim, at Red Cloud’s residence.  Waters, Piper, and Red Cloud went to another residence in the Old Sundance Grounds area.  They began drinking alcohol.  Waters and Red Cloud had a verbal altercation and physical struggle inside the trailer.  Red Cloud then left the trailer.  Moments later, a sliding glass door was broken.  Waters and Piper went outside to see what happened.  Once outside, Waters and Red Cloud each had a club-like weapon and they got into another physical altercation.  Red Cloud fell to the ground.  The Waters hit Red Cloud at least four times on his body with the club-like weapon.  Red Cloud died as a result of his injuries from the assault. At least one other individual was involved in the assault.

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

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

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

Abigail Marie Garneaux, a/k/a Abigail Marie Garcia, age 27, was indicted on July 19, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on May 28, 2016, Garneaux forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with an officer from the Rosebud Sioux Tribe, while said officer was engaged in his official duties.  The offense included bodily injury and use of a pepper spray on the officer.

The charge is merely an accusation and Garneaux 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.   

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on July 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Laun McCloskey, age 22, was sentenced to 24 months of imprisonment, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

McCloskey was charged on August 18, 2015, and pleaded guilty on April 22, 2016.  The charge relates to McCloskey leaving Community Alternatives of the Black Hills, where he was serving part of a federal sentence, without permission and not returning.

The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Ben Patterson prosecuted the case.      

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, Child Abuse, and Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Allen Garreau, age 32, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 27, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 58 years in custody and/or a $1,500,000 fine, 18 years of supervised release, and $600 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 11, 2016, Garreau unlawfully assaulted his intimate partner with shod feet, as well as assaulted her by strangling and suffocating her.  Garreau is charged with unlawfully assaulting an adult male and several officers while they were trying to arrest him.  Finally, Garreau is charged with child abuse regarding two young children who were present on July 11, 2016.

The charges are merely accusations and Garreau 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.   

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

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

Dion Blue Earth, Sr., age 30, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 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 December 20, 2015, Blue Earth unlawfully assaulted his spouse with shod feet, resulting in serious bodily injury.

The charges are merely an accusation and Blue Earth 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.   

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

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

Ptan Clown, a/k/a P’tan Hoksila Clown, age 36, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 60 years in custody and/or a $3,000,000 fine, up to life of supervised release, and $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 29, 2016, and June 8, 2016, Clown knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.

The charges are merely accusations and Clown 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.   

Clown 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 Pharr, Texas, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Dimas DeLeon, a/k/a Leo Castro, a/k/a Leo DeLeon, age 30, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 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, at least 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 May 1, 2016, and July 1, 2016, DeLeon, 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 DeLeon is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the United States Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

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

Donald Morris Kills Warrior, age 39, was indicted on April 19, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2016.  He pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years of imprisonment, 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 Kills Warrior failing to register under the Sex Offender Registration and Notification Act as required. The charge is merely an accusation and Kills Warrior is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Kills Warrior was detained pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Nebraska man convicted of Second Degree Murder was sentenced on May 9, 2016, by U.S. District Judge Roberto A. Lange.

Christopher David Edenso, Sr., age 26, was sentenced to 185 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Edenso was indicted by a federal grand jury on July 14, 2015.  He pled guilty on January 7, 2016.

In the early morning of June 15, 2015, Edenso was at his home with his infant son, in the Sicangu Village, in Todd County, South Dakota.  Edenso’s wife was at work and Edenso was the sole caregiver for the infant. At approximately 5:30 am, the infant awoke and began to cry.  Edenso became angry with the infant’s crying, picked him up by his legs, held him upside down, and shook him violently.  Edenso also grabbed the infant by placing both of his hands around the baby’s waist and forcefully slammed the infant onto the bed at least three times.  The infant became quiet.  Edenso wrapped the infant in a blanket, laid him on the bed, and then fell asleep.

Edenso’s wife returned from work at approximately 8:00 am and found Edenso asleep in the couple’s bed with the infant lying beside him.  The infant had blood coming from his mouth.  Edenso’s wife picked up the infant and he was unresponsive.  His wife became hysterical, woke Edenso up, and called 911.  Edenso and his wife then rushed the infant to the Cherry County Hospital in Valentine, Nebraska.  Medical personnel at Cherry County Hospital attempted to resuscitate the infant; however, the infant was pronounced dead at approximately 8:45 am on June 15, 2015.  An autopsy was performed and revealed the cause of death was due to blunt force trauma to the head.

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

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

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

Harold Fuller, Jr., age 37, was indicted on July 19, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2016, and pled not guilty to the Indictment.

The maximum penalties 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 on each count.  Restitution may also be ordered.

The Indictment alleges that on or about February 22, 2016, Fuller knowingly possessed a stolen revolver.  Fuller, having previously been convicted of a misdemeanor crime, was prohibited from possessing a firearm.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosive.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that two men and three women 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.

Those indicted on April 13, 2016, were:  Kristina Rae Lofton, a/k/a Kristina Rae Moran, age 36; Robert Earlwin Lofton, Jr., a/k/a Robert Erwin Lofton, Jr., age 34; Stephanie Fawn Lofton, a/k/a Stephanie Fawn Clark, age 39; Tyler James Peterson, age 35; and Ashley Marie Peterson, age 33, all from Eagle Butte, South Dakota.  A Superseding Indictment was filed on July 19, 2016.  All have appeared before U.S. Magistrate Judge Mark A. Moreno and have pled not guilty to the Indictment.

The maximum penalty upon conviction for the charge against Kristina Lofton is not less than 10 years and up to life in custody, a $10,000,000 fine, or both, at least 5 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.

The maximum penalty upon conviction for the charges against Robert Lofton is not less than 5 years nor more than 40 years in custody, a $5,000,000 fine, or both, at least 4 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.

The maximum penalty upon conviction for the charge against Stephanie Lofton, and Tyler and Ashley Peterson is up to 20 years in custody, a $1,000,000 fine, or both, at least 3 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.

All are subject to forfeiture of United States currency and weapons seized during the investigation. 

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

The Indictment alleges that between March 1, 2014, and July 19, 2016, Kristina Lofton, Robert Lofton, Stephanie Lofton, Tyler Peterson, and Ashley Peterson 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 Kristina Lofton knowingly and intentionally possessed with the intent to distribute 500 grams or more of methamphetamine in South Dakota, and that Robert Lofton knowingly and intentionally possessed with the intent to distribute 50 grams or more of methamphetamine in South Dakota.  The Indictment further alleges that on or about October 20, 2014, Robert Lofton 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 Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Kristina, Robert, and Stephanie Lofton, and Tyler Peterson have been remanded to the custody of the U.S. Marshals Service pending trial.  Ashley Peterson has been released on bond pending trial.  A jury trial has been set for August 16, 2016.

United States Attorney Randolph J. Seiler announced that Alison Ramsdell has been selected to head up the newly created Civil Rights Section in the U.S. Attorney’s Office, District of South Dakota.  As leader of the Civil Rights Section, Ramsdell will serve as the contact person on all civil rights matters for the District.

Ramsdell joined the U. S. Attorney’s office in 2014, as an Assistant U.S. Attorney in the Sioux Falls office.  In that capacity, her primary focus has been civil litigation.

The Civil Rights Section enforces federal civil rights statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.  Among those statutes are the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Voting Rights Act, and the Fair Housing Act.  The Section also works closely with the Criminal Division to prosecute criminal civil rights cases, such as those involving police misconduct, hate crimes, and human trafficking.

In addition to enforcing federal civil rights statutes, the Civil Rights Sections strives to educate community members about their rights under federal law by engaging in outreach programs throughout the District. 

Ramsdell was born and raised in Flandreau, South Dakota. She received her undergraduate degree in International Economics, Spanish and Public Relations, with a minor in Business Administration, from Valparaiso University in 2008, and her Juris Doctor degree from the University of Iowa College of Law in 2011. While attending law school, Ramsdell wrote and edited for the Iowa Law Review, worked for the Citizens’ Lawyer Program, and volunteered at the Iowa Coalition Against Domestic Violence/MUNA Legal Clinic.

Upon graduating, Ramsdell practiced at Murphy, Goldammer & Prendergast in Sioux Falls. She then served as a law clerk for the Honorable Karen E. Schreier and the United States District Court for the District of South Dakota, where she primarily handled pro se matters.

“With societal changes and threats to the fundamental rights of certain segments of our society, such as the LGBT community, it has become increasingly necessary to have a dedicated attorney to handle civil rights matters in South Dakota,” said U.S. Attorney Seiler. “Alison Ramsdell brings an abundance of talent, energy, and compassion to her new position. The protection of every citizen’s civil rights has historically been a priority of the U.S. Attorney’s Office, but we are ramping up those efforts and Alison will play a significant role in enforcing those laws.”

For further information, or to schedule a training or outreach program, please email Alison.Ramsdell@usdoj.gov.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 19, 2016, by U.S. District Judge Roberto A. Lange.

James Two Charger, Jr., age 24, was sentenced to 15 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Two Charger was indicted by a federal grand jury on March 15, 2016.  He pled guilty on April 26, 2016.

The conviction stemmed from an incident on March 1, 2016, when law enforcement was notified of a domestic dispute between Two Charger and his girlfriend.  An officer with the Rosebud Sioux Tribe Law Enforcement Services (RSTLES) located Two Charger driving a vehicle near St. Francis, and attempted to pull Two Charger’s vehicle over.  Two Charger began driving evasively and fled the area.  A car chase ensued and Two Charger drove at speeds of up to 100 miles per hour.  He eventually lost control of the vehicle on a gravel road and crashed into a ditch.

Two Charger exited the vehicle and ran into a tree belt, where the officer followed on foot.  When the officer attempted to arrest Two Charger, he grabbed for the officer’s gun holster.  The officer was able to deploy pepper spray at Two Charger’s face.  Two Charger then began to punch the officer in the side and abdomen.

Two other officers from RSTLES responded and assisted in arresting Two Charger.  Two Chargers became aggressive with the officers and began yelling and kicking at the officers, spitting at one of the officers’ face.  The officers transported Two Charger to the Adult Correctional Facility in Rosebud.

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

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

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 19, 2016, by U.S. District Judge Roberto A. Lange.

Michael Lovejoy, Jr., age 33, 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.

Lovejoy was indicted by a federal grand jury on March 15, 2016.  He pled guilty on April 26, 2016.

Lovejoy was convicted in state court in 2003 for Third Degree Rape.  He was sentenced to a suspended sentenced and placed on five years of probation. Lovejoy violated, and his original five-year sentence was imposed.  He is required to register as a sex offender for 25 years following his conviction and to update his registration within three business days of relocating or changing employment. 

The current conviction stemmed from Lovejoy’s failure to update his registration when he moved out of his residence in Sioux Falls, and moved to the Cherry Creek Community on the Cheyenne River Reservation.  Lovejoy did not update his sex offender registration between November 2015 and February 2016.

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

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

United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man charged with Falsification of Financial Records Required to Be Kept by Labor Unions pled guilty and was sentenced on July 14, 2016, by U.S. Magistrate Judge Mark A. Moreno.

Kenneth Potter, age 49, was sentenced to one year of probation, and $25 to the Federal Crime Victims Fund.

The conviction stemmed from an incident that took place between July 1, 2013, and September 30, 2014, in Pierre, when Potter, who was an employee of the South Dakota Education Association and was a member of the National Staff organization, South Dakota Staff Organization (SDSO), which have collective bargaining agreements with the U.S. Department of Labor, issued 13 unauthorized checks, and made 3 unauthorized cash withdrawals, for a total of $4,130. 

At the time of the offense, Potter was the Treasurer of the SDSO.  As treasurer, Potter’s duties included making true and accurate entries in the unions records, and filing reports with the U.S. Department of Labor.

These unauthorized expenses created a loss in the SDSO accounts, which were reported to the National Staff Organization.  The SDSO had an audit preformed of the books, which confirmed the theft by Potter.

The investigation was conducted by the Department of Labor.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of two counts of Child Abuse and one count of Distribution of Methamphetamine was sentenced on July 18, 2016, by U.S. District Judge Roberto A. Lange.  Thereafter, Judge Lange also sentenced a Mission, South Dakota, woman for her role in the offense of Child Abuse.

Tyler Erickson, Sr., also known as TJ Erickson, age 33, was sentenced to a total of 20 years in prison, followed by 5 years of supervised release, and a special assessment of $300 to the Federal Crime Victims Fund.

Rae Dawn Lunderman, age 28, was separately sentenced to 10 months and 15 days in prison, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

On December 9, 2014, Erickson and Lunderman were indicted by a federal grand jury for second degree murder, assault resulting in serious bodily injury, and two child abuse offenses.  Lunderman was accused of being an aider and abettor to the offenses.  Lunderman pled guilty to a Superseding Information charging Child Abuse on September 28, 2015.  Erickson pled guilty to a three-count Superseding Information charging two counts of Child Abuse and one count of Distribution of Methamphetamine on March 30, 2016.

Between at least January 2013 and December 2014, Erickson was using and abusing drugs, including marijuana, methamphetamine and prescription pills.  He was also involved in selling methamphetamine on the Rosebud Sioux Indian Reservation to support his drug habit, as well as for profit.  He was using methamphetamine on a daily basis and was often under the influence of methamphetamine.  He was not sleeping regularly, staying up for days, and then crashing for long periods of time.  Erickson was also acting aggressively towards those in his family.  In the early summer of 2013, he was living with his girlfriend, Lunderman, and four of their children, but the family did not have consistently reliable housing.  The family depended on various relatives for places to stay.  By early July 2013, Erickson was reunited with two more biological children, five-year-old twins, who joined Erickson and Lunderman’s family.

As the summer progressed, Erickson’s behavior became more stressed and mean.  He continued to act aggressively towards Lunderman, the children, and others, at times attempting to strike the children, and also threatening to harm Lunderman and the children.  At some point between August 1 and August 10, 2013, Erickson admitted he slapped or hit one of his twin sons, who later died. 

On August 10, 2013, that child was at his grandmother’s residence near Mission with his family, including Erickson, and the child had a large bruise on his abdomen and was ill.  The child displayed increased irritability, progressive loss of activity, increased fussiness, and he had a bowel obstruction.  Erickson did not take the child immediately to medical care, which increased the risk to the child.  Eventually, at around 4:30 a.m. on August 11, 2013, the child vomited and collapsed, at which point Erickson attempted CPR and paramedics were summoned.  Despite life-saving measures by ambulance personnel and medical professionals at the Rosebud I.H.S. Hospital, the child died.

The initial diagnosis was that a blood infection, or sepsis, had caused the death.  An autopsy later revealed the child had died from blunt force trauma. The child had sustained trauma to his chest and abdomen, which included two lacerations of the liver, hemorrhaging around his kidney, and laceration of a portion of his intestine, along with other external bruising.  As a result of the injuries, the child suffered blood accumulating in the space between the inner lining of the abdominal wall and the internal abdominal organs.

Based upon other circumstantial evidence, including other actions and threats to harm Lunderman and their children, the Government argued at sentencing that Erickson caused the death after stomping upon or kicking the child during a fit of anger.  Erickson admitted he abused the child, but maintained he did not cause the fatal stomach injury, arguing the injuries were incurred as part of a fall off a vehicle. 

Lunderman said that on August 12, 2013, the day after the child’s death, Erickson was at the same residence with his family when he physically intimidated and menaced the surviving twin child.  She caught Erickson in the act of nearly stomping upon the surviving twin son, whom she shooed away from the area.  Lunderman admitted she exposed all of the children to abuse by not alerting law enforcement authorities to the danger the children faced, as well as subjecting the children to danger by allowing them to be reared in an environment where drugs were rampant.  Not until September 2014 did she properly intervene and remove the children from the situation.  During their time together, Lunderman was also a victim of Erickson’s repeat domestic abuse.

The district court sentenced Erickson to 15 years in prison for child abuse of the deceased child, 2 years for child abuse of the surviving child, and 3 years for distributing methamphetamine.  The Court ordered the sentences all served consecutively, for a total of 20 years.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  The Clinical Laboratory of the Black Hills conducted the autopsy.  The FBI sought assistance and review of the investigation by a Pennsylvania biomechanical engineer.  The Minnehaha County Coroner/Medical Examiner at Sanford Health Pathology in Sioux Falls also provided consultation services in review of the investigation.  Supervisory Assistant U.S. Attorney Tim Maher and Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Erickson was immediately turned over to the custody of the U.S. Marshals Service to serve his sentence.  Lunderman was given credit for time served and was released on court-ordered supervision.