District of South Dakota

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the district court in appeal no. 15-2150, United States of America, appellee, v. Stoney End of Horn, appellant. 

End of Horn was convicted by a jury of four counts of sexual abuse of a minor and one count of assault resulting in serious bodily injury.  The district court sentenced End of Horn to concurrent sentences of 293 months’ imprisonment for each count of sexual abuse and another concurrent sentence of 120 months’ imprisonment for the assault. 

In September 2008, End of Horn was out drinking with his girlfriend, Pauline Brave Crow, in Mobridge, South Dakota.  Towards the end of the evening he agreed to give his cousin and two of his cousin’s friends a ride to Wakpala, South Dakota, in Brave Crow’s car.

During the drive, End of Horn and Brave Crow began to argue. End of Horn stopped the car and continued to argue with Brave Crow. End of Horn struck Brave Crow in the face with his open palm, and the two got out of the car, continuing to argue. As the argument began to escalate, the other passengers decided to walk into Wakpala.  They left Brave Crow and End of Horn at the side of the road.

Sometime later, a passing motorist encountered Brave Crow’s vehicle on the side of the road to Wakpala.  At trial, that witness testified that when she stopped behind the parked car, she saw End of Horn hitting Brave Crow repeatedly.  

Brave Crow suffered a serious fracture, known as a LeFort III fracture, in the bones of her face.  She sustained broken bones in her upper jaw and face, facial swelling and bruising on the left side of her face, and bruising under both eyes. End of Horn blamed the assault on a group of hitchhikers he encountered while driving to Wakpala.  No hitchhikers were ever identified, and End of Horn himself sustained no injuries.

Brave Crow was “very, very quiet” when interviewed, and she did not identify her assailant when hospitalized.  Brave Crow’s injuries required multiple surgeries.  Her health deteriorated, and she eventually died on June 25, 2010, as a result of complications from injuries caused by the assault.

The evidence concerning sexual abuse centered on the testimony of a young victim, who was 12 years old when the abuse occurred.  The victim lived with End of Horn and Brave Crow in McLaughlin. She testified that End of Horn’s sexual abuse happened once a month from April through July 2010.  The sexual abuse happened while she was staying at the house of End of Horn’s father in Wakpala.

A grand jury charged End of Horn with second-degree murder and assault resulting in serious bodily injury based on the attack on Brave Crow.  A separate grand jury charged him with multiple counts of sexual abuse of a minor. By agreement of the parties, the cases were consolidated for trial.  A jury convicted End of Horn of assault, murder, and four counts of sexual abuse.  The district court concluded that the second-degree murder charge required proof that Brave Crow’s death occurred within a year and one day of the assault.  Because the interval between assault and death was 21 months, the court set aside the verdict on the murder count.  The court then sentenced End of Horn on the remaining counts to four concurrent terms of imprisonment of 293 months for the sexual abuse and 120 months for the assault.

End of Horn appealed to the United States Court of Appeals for the Eighth Circuit, challenging the evidence supporting his conviction, some trial evidentiary rulings, and the length of his sentence.  The appellate court found that the evidence supported the charges for which End of Horn was convicted, that any erroneous evidentiary rulings were harmless given the other uncontested evidence, and that the district court acted within its discretion in imposing its sentence. 

This case was investigated by the United States National Park Service, the Bureau of Indian Affairs, and the Federal Bureau of Investigation.  Assistant United States Attorney Troy R. Morley prosecuted the case at trial and handled the appeal for the government.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 18, 2016, by U.S. District Judge Roberto A. Lange.

Norman Blue Coat, age 33, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Blue Coat was indicted by a federal grand jury on February 17, 2016.  He pled guilty on April 18, 2016.

The conviction stems from a November 11, 2015, incident when a Cheyenne River Sioux Tribe Police Officer drove alongside Blue Coat and a female that were arguing and asked them if all was okay.  Both said yes.  The female appeared to be crying.  The officer then asked Blue Coat if he had been drinking, and he denied it.  The officer told the couple to stop walking several times, but they ignored him.  When the officer told the couple to walk to his patrol car, Blue Coat became uncooperative.  The officer grabbed Blue Coat’s left arm and began escorting him to the patrol car.  Blue Coat used his arm to shrug off the officer and push away from him.  The officer again told him to walk to the patrol car.  Once the three of them were at the patrol car, the officer called for assistance.  He told Blue Coat he could smell alcohol on his breath and asked him to perform a PBT.  Blue Coat began arguing with the officer.  The officer told Blue Coat he was going to handcuff/arrest him, and Blue Coat took three to four steps back.  The officer grabbed hold of him, Blue Coat struggled, and the officer took him to the ground.  He continued to struggle, grabbing the officer’s shirt and pulling the officer as close to him as possible.  Blue Coat bit the officer on the right bicep.  Other officers had arrived and they turned Blue Coat onto his stomach and handcuffed him. 

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

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

United States Attorney Randolph J. Seiler announced that a Colorado man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Controlled Substance, and Possession of a Firearm by a Prohibited Person.

James Andrew Boswell, age 29, was indicted on June 14, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and the potential forfeiture of two firearms and U.S. currency seized as part of the investigation.  Restitution may also be ordered.

The Indictment alleges that between April 1, 2016, and June 14, 2016, Boswell conspired and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota.  The Indictment also alleges that on or about May 9, 2016, at Lower Brule, South Dakota, Boswell possessed a firearm, even though he was prohibited from doing so because he was a fugitive from justice and an unlawful user of and addicted to a controlled substance.    

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, Lower Brule Agency, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for First Degree Murder and Assault with a Dangerous Weapon.

Leon “Gogg” Between Lodges, a/k/a Leon Milk, age 32, was indicted on June 21, 2016.  Between Lodges appeared before U.S. Magistrate Judge Daneta Wollmann on July 1, 2016, and pleaded not guilty to the Indictment.

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

The charges relate to Between Lodges using a knife to stab two male individuals on May 27, 2016, at Wanblee.  One of these individuals died from his injuries.

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

The investigation is being conducted 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 Megan Poppen is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City on July 12, 2016.

Franklin Long Black Cat, a/k/a Franklin Long, age 22, was indicted by a federal grand jury on March 22, 2016.

The charges related to an incident which occurred on February 14, 2016, when Long Black Cat allegedly assaulted his brother with a screwdriver.

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

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 11, 2016, by U.S. District Judge Charles B. Kornmann.

Makayla Kills In Water, a/k/a Makayla Iron Cloud, age 22, was sentenced to 120 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Kills In Water was indicted by a federal grand jury on October 15, 2014.  She pled guilty on April 25, 2016.

The conviction stemmed from an incident on September 20, 2014, when Kills In Water’s two-year old stepdaughter was brought to the Mobridge Regional Hospital by ambulance.  The young victim was drifting in and out of consciousness and was not breathing on her own. Kills In Water was caring for the young victim at the time the injuries were sustained.

Kills In Water initially informed hospital staff and law enforcement that she was under an extreme amount of stress and had been for the past several days.  After dropping her husband off at work, Kills In Water drove to their residence with the children, including the victim.  The children were growing restless and fussing, which further agitated Kills In Water.

When she arrived at the residence, Kills In Water went to the door and turned on the light.  When she turned around, she claimed to have seen the victim fall out of the vehicle and began crying, so Kills In Water went and helped her into the house.  Once inside the residence, the victim continued to cry.  The victim became non-responsive and began struggling with her breathing so Kills In Water called 911 to dispatch an ambulance.  Paramedics arrived and found the victim was in medical distress and transported her immediately to the Mobridge Regional Hospital.  Upon arriving at the Hospital, it was determined that the victim was in need of a higher level of medical care and she was airlifted to the Sanford Children’s Hospital in Sioux Falls, South Dakota.

Upon arrival in Sioux Falls, the medical staff was apprised of Kills In Water’s initial version of how the injury was sustained, namely that the victim had fallen out of a vehicle which led to her current injuries and medical condition.  However, the victim’s treating physician stated that the injuries sustained were inconsistent with a simple fall from a vehicle. It was noted that the victim had bilateral hemorrhages of the retina and both retinas were also detached.  The treating physician also advised this type of injury is almost 100% specific to “shaken baby” injuries.  The force of the act had to be significant enough to cause the victim’s brain to shift, resulting in the brain tissue shearing and/or tearing, thus causing extensive bleeding.  A “brain bolt” was placed in the victim’s skull to relieve the pressure in her head.  Kills In Water ultimately admitted to violently shaking the victim against a wall, causing the injuries.  To date the victim remains partially paralyzed on the left side of her body, which necessitates the use of a wheel chair, with severe visual and speech deficits.  It is unknown if the victim will ever fully recover from the injuries she sustained.

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.

Kills In Water was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner was sentenced on July 11, 2016, by U.S. District Judge Charles B. Kornmann.

Patrick Demarrias, age 31, was sentenced to 14 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Demarrias was indicted by a federal grand jury on March 10, 2015.  He pled guilty on April 14, 2016.

The conviction stemmed from an incident on February 4, 2015, when Demarrias came home intoxicated, following an evening of drinking with his ex-girlfriend.  The victim became angry that Demarrias was out drinking with another woman, while the couple’s child was in need of diapers and formula.  Demarrias and the victim began to argue, which escalated into Demarrias physically assaulting her, in the presence of the couple’s young child.  As a result of the assault, the victim sustained multiple cuts, bruises, scrapes, and abrasions.

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

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

United States Attorney Randolph J. Seiler announced that Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, of Letcher, South Dakota, was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide as a result of a federal jury trial in Sioux Falls, South Dakota. 

The charges carry a maximum penalty of 13 months in custody and/or a $26,000 fine, one year of supervised release, restitution, and a $30 special assessment to the Federal Crime Victims Fund.  

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

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

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

 “The verdict in this case signifies the public’s interest in ensuring laws are enforced that protect our natural resources,” said Assistant U.S. Attorney Meghan Dilges. “This case is a stark reminder that the illegal use of pesticides that ultimately kills protected wildlife is a crime that we take very seriously in the U.S. Attorney’s office. The wildlife and environmental laws on the books are not just collecting dust. We are prosecuting offenders to the full extent of the law.”

Jeffrey Martinez, Special Agent in Charge of the Environment Protection Agency’s criminal enforcement program in South Dakota, issued the following statement on July 12, 2016: “The defendant’s actions caused the taking of a Bald eagle and several other species.  Product labels are designed to ensure the safe use and application of pesticides.  Using pesticides for purposes other than their registered use is illegal and puts people, animals and the environment at risk of exposure.  Today’s action shows that individuals who misuse these products and kill protected wildlife will be prosecuted.”

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

Nelson is in custody with the U.S. Marshals Service.  A sentencing date has not been set.

United States Attorney Randolph J. Seiler announced that Adam Bordeaux, age 32, of Rosebud, South Dakota, was found guilty of Domestic Assault by an Habitual Offender and Simple Assault following a two-day jury trial in Pierre, South Dakota.  The verdict was returned on July 13, 2016.

The charges carry a maximum sentence of up to five years in prison, a $250,000 fine, three years of supervised release, and a $100 special assessment 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. 

Bordeaux was acquitted of other assault charges, including charges that stemmed from an incident that occurred in January 2015 involving the same victim. 

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

A presentence investigation was ordered and a sentencing date was set for September 26, 2016. 

Bordeaux was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota man convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2016, by U.S District Judge Roberto A. Lange.

Dustin Bear Heels, age 27, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Bear Heels was indicted for Assaulting, Opposing, Resisting, and Impeding a Federal Officer by a federal grand jury on February 17, 2016.  He pled guilty on March 29, 2016.

On February 2, 2016, two Rosebud Sioux Tribe Law Enforcement Services Officers responded to a residence in St. Francis, upon a report that Bear Heels was drunk and disorderly.  He also had an active tribal warrant.

The officers located Bear Heels and placed him under arrest for the warrant, as well as tribal trespass and disorderly conduct.  

As the officers transported, they observed Bear Heels was observed trying to get his hands in front of him.  The officer pulled to the side of the road and advised Bear Heels to leave his hands behind him.  The officer got out of the car and opened the driver's side rear door, when Bear Heels started shouting obscenities and began to kick the door.  The officer advised him to stop and then shut the door, but Bear Heels continued kicking the door and window.  A second officer arrived and they attempted to restrain Bear Heels from kicking the window.  While the officer was trying to secure the shackle to the cage, Bear Heels kicked him in the chest.  Bear Heels then curled up both legs and kicked the officer in the face, causing him to fall backwards. The other officer then sprayed pepper spray in Bear Heels’ face and the officer was able to secure him.

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

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

United States Attorney Randolph J. Seiler announced that a Ridgeview, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.

Shilo Hill, a/k/a Shilo Roubideau, age 20, was sentenced to 24 months in custody, followed by 3 years of supervised release, $2,241.46 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.

Hill was indicted by a federal grand jury on January 21, 2016.  He pled guilty to Assault with a Dangerous Weapon on April 11, 2016.

 The conviction stems from an incident that took place on October 3, 2015, when Hill’s ex-girlfriend and a male friend, the victim in this case, returned to her home near Swiftbird, South Dakota.  Two individuals were at the home and when they left, they took Hill’s ex-girlfriend’s vehicle and went to another residence in the Swiftbird Community.  Hill was at that residence and when he asked them why they were driving his ex-girlfriend’s car, they said they had borrowed it.  Hill also learned a man was with his ex-girlfriend.  Hill and his brother drove to Hill’s ex-girlfriend’s residence, where Hill used a tire iron to break the glass out of a window in the front door.  When Hill and his brother walked into the residence uninvited, he was holding the tire iron in his hand raised above his head.  Hill and his brother went towards the victim in a threatening manner.  The victim thought Hill was going to hit him with the tire iron, so he held up his hand and told Hill and his brother not to "do this" with the kids there.  Hill's brother left and Hill followed him out, but as he was leaving, he said, "I'll see you on the street," and used the tire iron to break out some more windows and to put a hole in the wall by the front door.

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

Hill 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, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 6, 2016, by U.S. District Judge Roberto A. Lange.

Henry Paul Gorisek, age 46, was sentenced to 51 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.  Gorisek was also ordered to forfeit over $800 in U.S. currency and two handguns seized by law enforcement in September 2015.

Gorisek 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 April 12, 2016.

From May 2014 through September 2015, Gorisek received and distributed methamphetamine in South Dakota.  The individuals who provided Gorisek with large amounts of methamphetamine knew he intended to engage in further distribution.  It was reasonably foreseeable to Gorisek 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.

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

United States Attorney Randolph J. Seiler announced that Tyrone Steven Andrews, age 24, of Mosher, South Dakota, was found guilty of Abusive Sexual Contact and Abusive Sexual Contact of Minor following a two-day jury trial in Pierre, South Dakota.  The verdict was returned on July 8, 2016.

The charges carry a maximum sentence of up to five years in custody, and/or a $250,000 fine, a minimum period of five years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Andrews was indicted by a federal grand jury on October 14, 2015.  The charges stem from an incident that occurred on February 25, 2013, wherein Andrews groped a fifteen-year-old girl who was at a sleepover at a home in Rosebud, South Dakota.  Andrews entered the bedroom where the girl was sleeping and touched her breasts under her clothes while she was asleep.  The girl awoke, realized what was happening, and tried to get the attention of her friend who was sleeping next to her in the bed.  Andrews then began to rub the girl’s inner thigh and kissed her neck.  At that point, the girl was able to awaken her friend and Andrews ran out of the room.

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

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

A presentence investigation was ordered and a sentencing date was set for September 26, 2016. 

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

United States Attorney Randolph J. Seiler, the Rapid City Office of the Federal Bureau of Investigation, the Pine Ridge office of the Bureau of Indian Affairs-Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety have announced their findings following an extensive investigation into the recent disappearance and deaths of three adult men, all citizens of the Oglala Sioux Tribe and residents of the Pine Ridge Indian Reservation.

Autopsy results and examination of the circumstances surrounding the disappearance, and later discovery of the men, firmly establishes their deaths resulted from an automobile accident.  Investigators have concluded the vehicle in which the three men were riding left the North side of BIA Rd. #41, also known as the “Chadron Road”, a few miles from Oglala, South Dakota, and plunged down a ravine approximately 60 feet deep where the car came to rest near a creek bed. 

All three men were found inside the vehicle amidst numerous open and closed containers of alcohol and other personal belongings.  Their physical injuries, as well as the crushed condition of the vehicle, prevented any hope of them being able to exit the vehicle if any of them lived beyond the impact at the bottom of the ravine.  It is very likely all three men died upon impact.  All three men were examined by a forensic pathologist who concluded each of them suffered multiple critical injuries to their backs and heads resulting in their deaths.  No signs of wounds consistent with bullets, knifes, or other weapons were detected.  Likewise, no damage to the vehicle was detected which would suggest any other conclusion other than that the vehicle sped off the road through a grassy field to the cliff where it went over and down into the ravine. 

This was a painstaking and difficult investigation for all involved.  Thanks go not only to the responding agencies listed above, but also to the Oglala Sioux Tribe Office of Attorney General, Pennington County Sheriff’s Office, Pennington County Search and Rescue, South Dakota Highway Patrol, Civilian Air Patrol, and the countless tribal citizens organized by the Oglala Sioux Tribe who volunteered many hours of their own time to search the Pine Ridge Reservation for the men.

Everyone involved sends their heartfelt condolences to the families of the three men on their grievous loss.

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

Christopher Michael Fox, age 42, was indicted on June 14, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on July 7, 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 Fox using a cell phone and a computer to engage in sexually explicit conduct with minor females. The charges are merely an accusation and Fox 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.

Fox was detained pending a detention hearing.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.

Gregory Paul Quigley, age 51, was sentenced to 1 year and 1 day in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Quigley was indicted for Aggravated Sexual Abuse by Force by a federal grand jury on September 9, 2015.  He pled guilty to a Superseding Information charging him with Abusive Sexual Contact on March 29, 2016.

On November 30, 2013, Quigley and a woman, the victim, were drinking alcohol together in an abandoned house in St. Francis.  Quigley intentionally made sexual contact with the victim while the victim was incapable of appraising the nature of the conduct.

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.

Graham Brody Good Shield, age 20, was sentenced to 9 years in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution has been left open for 90 days.

Good Shield was indicted on two counts of Aggravated Sexual Abuse of a Child by a federal grand jury on August 11, 2015.  He pled guilty to Abusive Sexual Contact on March 29, 2016.

In June 2015, Good Shield was at a home in Rosebud, when he began drinking alcohol.  An 11-year-old child, the victim, was also at the home.  Good Shield intentionally made sexual contact with the victim and knew that the victim was a minor at the time.

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

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

United States Attorney Randolph J. Seiler announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 1, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Darrick Bessman, age 37, was sentenced to 120 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

From October 2013 through September 2015, Bessman conspired with others to distribute, and distributed more than 500 grams of methamphetamine within South Dakota.

This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department.  Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that Anthony Klein a/k/a Tony Klein, age 35, of Belle Fourche, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance following a 3-day federal jury trial in Rapid City, South Dakota.  The jury returned the verdict on July 1, 2016. 

The charge carries a maximum penalty of a minimum of 5 years and not more than 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

The Indictment charged that in the Spring of 2014, Klein conspired and agreed with other persons to intentionally distribute 50 grams or more of methamphetamine in South Dakota. 

This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Butte County Sheriff’s Office, Belle Fourche Police Department, South Dakota Division of Criminal Investigation, and the Rapid City Police Department.  Assistant U.S. Attorneys Megan Poppen and Eric Kelderman prosecuted the case.

A presentence investigation was ordered and a sentencing date will be set.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Ephrata, Washington, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on June 17, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Martin Purdom, age 53, was sentenced to 210 months in custody on Count 1, and 24 months on Count 2, to run concurrently, followed by 5 years of supervised release on Count 1, and 3 years on Count 2, to run concurrently, and a $200 special assessment to the Federal Crime Victims Fund.

Purdom was indicted for Conspiracy to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person by a federal grand jury on April 8, 2015.  He pleaded guilty on October 30, 2015.

From July 2014 through April 2015, Purdom conspired with others to distribute and distributed more than 500 grams of methamphetamine within South Dakota. Furthermore, on March 19, 2015, Purdom was in possession of a Ruger pistol, and was previously convicted of a felony offense in Washington in 2002.

This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department.  Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.

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

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

Sinjin Cameron, age 23, was indicted on June 14, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on June 28, 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 May 26, 2016, Cameron unlawfully assaulted an adult male with shod feet, with the intent to do bodily harm to him.

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

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

Cameron 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 La Plant, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Elliot Little Bear, age 52, was indicted on June 14, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 29, 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 July 1, 2011, and June 14, 2016, Little Bear, 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 Little Bear 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.   

Little Bear was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for August 16, 2016.

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

Roy Eugene Antrim, age 39, was indicted on June 14, 2016.  He appeared before U.S. Magistrate Mark A. Moreno on June 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, 3 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and the potential forfeiture of firearms and U.S. currency seized as part of the investigation.  Restitution may also be ordered.

The Indictment alleges that between September 1, 2015, and June 14, 2016, Antrim conspired and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota.  The Indictment also alleges that on or about April 14, 2016, at Faith, Antrim possessed 13 firearms, including rifles, handguns, and a shotgun, even though he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.  The Indictment further alleges that on or about April 21, 2016, at Eagle Butte, Antrim possessed a handgun, even though he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance. 

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

The investigation is being conducted by the South Dakota Highway Patrol, the South Dakota Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Antrim was released pending trial, which has been set for August 16, 2016.

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

Daniel Joseph Newingham, age 41, was indicted on June 21, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollmann on June 27, 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 charges relate to Newingham illegally possessing a Glock 9mm pistol at Rapid City. The charges are merely an accusation and Newingham 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.

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child as a result of a federal jury trial in Pierre, South Dakota, beginning June 21, 2016 and concluding on June 23, 2016.

James Wade Henry, Sr., age 40, was indicted by a federal grand jury on October 14, 2015.

The charges stemmed from an alleged incident that occurred in September 2014.

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

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.

Darius Whipple, Sr., age 24, was sentenced to 30 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Whipple was indicted for two counts of Assault With a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 4, 2016.  He pled guilty to Assault Resulting in Serious Bodily Injury on March 28, 2016.

On the morning of August 28, 2015, Whipple’s ex-girlfriend, the victim, was visiting a friend’s apartment in Mission, when Whipple came to the door and would not leave.  The victim’s friend informed the victim she needed to leave.  The victim left the apartment and started running away from Whipple.  Whipple chased the victim and began assaulting her in the middle of the road, by punching her in the face and head until she fell to the ground unconscious.  Whipple then fled the area on foot.  The victim had to be transported by ambulance to the hospital and was subsequently treated for a broken jaw, requiring her jaw to be wired shut for at least six weeks.

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

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

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

Reuben James Flying Bye, age 27, was indicted on June 14, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on June 22, 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, a mandatory special assessment of up to $5,000, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about May 3, 2016, Flying Bye knowingly engaged in, and attempted to engage in, a sexual act with a child who had not attained the age of 12 years.

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

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

Flying Bye was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for August 23, 2016.

United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, man convicted of Assault with a Dangerous Weapon  was sentenced on June 21, 2016, by U.S. District Judge Roberto A. Lange.

Dustin Buffalo, age 33, was sentenced to 40 months in custody, to be served concurrent with the sentence he received in another, but separate, assault case.  Following his release, Buffalo will be on supervised release for 2 years.  He was ordered to pay a special assessment of $100 to the Federal Crime Victims Fund.

Buffalo was indicted by a federal grand jury on January 21, 2016.  He pled guilty on March 29, 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 Buffalo and one of the victim’s stepchildren.  When the victim attempted to intervene in the altercation, Buffalo turned on the victim and began physically assaulting him, hitting him on the right side of his head with a large, heavy metal cross.  The blows knocked the victim to the floor.  His head was cut open and he began to bleed.  Buffalo repeatedly hit and kicked the victim while he was lying on the floor.  The victim received medical treatment for his injuries, but continues to have problems with dizziness, headaches, and blurred vision because of the assault.

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.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 21, 2016, by U.S. District Judge Roberto A. Lange.

Daniel Red Horse, Jr., age 45, was sentenced to 24 months in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

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

Red Horse was convicted in federal court in 1990 for Sexual Abuse of a Minor, and in 2012 for Sexual Contact.  Red Horse was released from custody in August 2013.  He is required to register as a sex offender and to update his registration within three business days of relocating or changing employment.  The current conviction stemmed from Red Horse moving out of his residence in Rapid City, returning to the Cheyenne River Reservation, and failing to update his registration.  Red Horse had not registered during the nearly six weeks he was on absconder status from supervised release.

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.

Red Horse 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 False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

William Wounded, age 20, was indicted on March 22, 2016.  Wounded appeared before U.S. Magistrate Judge Daneta Wollmann on June 20, 2016, and pleaded not guilty to the Indictment.

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

The charges relate to Wounded using a falsified prescription to obtain Hydrocodone on October 21, 2015, at the Indian Health Services Pharmacy in Pine Ridge.

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

The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Wounded was released on bond pending trial.  A trial date has been set for August 23, 2016.

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

Bonita Keeble, a/k/a Bonita Hare, age 34, was indicted on April 13, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on June 21, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of Involuntary Manslaughter is up to eight years in custody, and conviction of Child Abuse is up to 15 years in custody.  Each charge carries a penalty of up to a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that around July 27, 2015, Keeble killed a minor child under the age of seven by acting in a grossly negligent manner by overlaying and smothering the child.

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

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.

Carl White Eagle, age 27, was sentenced to 21 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

White Eagle was indicted by a federal grand jury on August 11, 2015.  He pled guilty to Assault Resulting in Serious Bodily Injury on March 29, 2016.

The conviction stems from an incident that took place on April 5, 2015, at Eagle Butte, when White Eagle and some friends were visiting and drinking at a residence. At some point, White Eagle and his girlfriend got into an argument about him being with other girls.  They were standing in the kitchen entryway, and when the victim walked behind them, White Eagle turned around and without warning or saying anything, assaulted the victim, knocking her to the floor.  The victim tried to get up, but was dazed.  Blood was pouring from her mouth and she was crying.  When the victim sought medical attention later that day, she told the doctors what had happened and law enforcement was notified. The victim required complex plastic surgery to repair the injuries to her lip and mouth.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of larceny was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.

Sage Nelson, age 29, was sentenced to time served, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Nelson was indicted for Larceny by a federal grand jury on December 8, 2015.  He pled guilty on March 29, 2016.

The conviction stems from a June 19, 2015, incident when Nelson stole a pickup truck that was parked in front of the Eagle Bar in Eagle Butte.  The owner had left the keys in the vehicle while he went inside to visit with his brother.  Acting on a report from Nelson’s girlfriend, law enforcement located the vehicle and a Corson County deputy conducted a felony (high-risk) traffic stop about 76 miles from where the vehicle was stolen.  Nelson was the driver and lone occupant of the vehicle.  His BAC was .156 and several open containers were recovered from the interior of the vehicle.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Corson County Sheriff’s Department, the Mobridge City Police Department, the Walworth County Sheriff’s Department, the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 14, 2016, by U.S. District Judge Roberto A. Lange.

Reuben One Star, age 26, was sentenced to 46 months in custody, followed by 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution which will be determined at a later date.

One Star was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on December 8, 2015.  He pled guilty to Assault with a Dangerous Weapon on March 8, 2016.

On October 12, 2015, the victim was at his home in Mission.  One Star, his girlfriend, and two other individuals came to the victim’s house.  One Star was intoxicated when he arrived.  One Star began to argue with his girlfriend and he became aggressive toward her.  One of the other individuals at the victim's house intervened in the argument and began to fight with One Star.  Eventually, One Star walked out of the back door of the home.  The two individuals left and they took One Star’s girlfriend with them.

One Star came back into the home and hit the victim across the face with a crow bar.  The victim was knocked unconscious.  The victim had a broken nose, a fractured upper jaw, and substantial facial lacerations.  The victim required reconstructive surgery for the injuries to his nose.  There was also a contusion in the shape of a crow bar on the victim's abdomen.

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

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

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.

Orville Belt, Jr., age 41, was sentenced to 41 months in custody, 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Belt was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on February 17, 2016.  He pled guilty to Assault Resulting in Serious Bodily Injury on March 29, 2016.

The conviction stems from an incident that took place on January 1, 2016, at Dupree, when Belt and the victim were drinking together.  Belt and the victim were in a relationship.  Belt got angry with the victim and pulled the victim’s chair from under her so that she fell to the floor.  He then began hitting the victim with his fists multiple times, knocking her unconscious.  When she came to, Belt was kicking her multiple times with black combat boots.  The victim did not receive medical treatment until two days after the assault, when a neighbor saw her and reported to law enforcement that the victim had been “severely assaulted.” The law enforcement officer who responded to the Belt residence knew the victim, but did not recognize her that day due to the severity of her injuries.

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

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

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.

Randy Little Shield, age 25, was sentenced to 41 months in custody, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Little Shield was indicted by a federal grand jury on January 21, 2016.  He pled guilty on April 4, 2016.

The conviction stems from an incident that took place on October 8, 2015, at Cherry Creek, when a verbal exchange between the victim and Little Shield’s girlfriend quickly turned physical.  At some point, Little Shield’s girlfriend had the upper hand and was the only one landing any blows.  The fight moved around the car from the passenger side to the driver's side.  Little Shield ran to his uncle's house and returned with a baseball bat.  He took a full swing with the bat and hit the victim in the midsection/ribs with the bat.  He then stepped back, took another swing, and hit her in the leg/knee with the bat.  A bystander grabbed a board and used it to fend off Little Shield.  At that point, the two groups separated and the police were called.

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

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

United States Attorney Randolph J. Seiler announced that a Winner, 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.

Joseph Edward Cordier, age 38, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 10, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or up to $500,000 in fines, up to life of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that between June 19, 2007, and June 19, 2009, Cordier engaged in, and attempted to engage in a sexual act and sexual contact with a child under the age of 12 years old.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.    

Cordier 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 announces that the Eighth Circuit Court of Appeals has affirmed the district court in appeal no. 15-2576, United States of America, appellee, v. Cody Allen Nowak, appellant. 

Cody Allen Nowak was convicted of being a felon in possession of a firearm.  The district court denied his motion to suppress and sentenced Nowak to 27 months of imprisonment and two years of supervised release.  Nowak alleged in his appeal that police officers violated his Fourth Amendment rights by searching his backpack without a warrant.   

Nowak was a passenger in the front seat of friend Harry Madsen’s car.  He had placed his backpack on the floor in front of him.  Madsen was pulled over by a Sioux Falls police officer because his license plate tags were expired.  While the officer was contacting dispatch, Nowak exited Madsen’s car and ran from the scene. 

Madsen gave the officer permission to search the car where the officer found Nowak’s backpack.  Madsen told the officer that the backpack belonged to Nowak.  Inside the backpack, the officer found a Hi-Point .45 caliber handgun wrapped in a bandana. 

Nowak moved to suppress evidence of the firearm alleging that the warrantless search of his backpack was a violation of his Fourth Amendment right to be free of unreasonable searches.  The district court found that Nowak had abandoned the backpack and thus had no privacy interest in its contents.  Nowak appealed.                    

In today’s published opinion, the federal court of appeals affirmed the decision of the district court.

Assistant U.S. Attorney Jennifer Mammenga prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government.

United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner or Dating Partner was sentenced on June 13, 2016, by U.S. District Judge Charles B. Kornmann.

Christopher Lee Delong, age 40, was sentenced to 28 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Delong was indicted by a federal grand jury on July 14, 2015.  He pled guilty on December 15, 2015.

The conviction stemmed from an incident on June 27, 2015, when law enforcement was informed by the victim that her boyfriend was beating her up.  Upon arrival, law enforcement made contact with the victim and Delong.  The officer could see that the victim had blood on her lips, a swollen left eye, and what appeared to be a broken hand.  The victim explained that Delong hit her on the face when he became angry when another person took his car keys from him.  As a result of the assault, the victim sustained a cut lip, a swollen left eye, multiple abrasions to her body, and a severely swollen hand.

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Child Abuse was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.

Tate Luta Red Feather, age 25, was sentenced to 18 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Red Feather was indicted for Child Abuse and Making False Statements to a Federal Agent by a federal grand jury on October 14, 2015.  He pled guilty to Child Abuse on March 8, 2016.

On June 3, 2015, Red Feather was drinking and using marijuana with another adult and a teenager.  At one point, the group took Red Feather’s vehicle and drove to the store to buy more alcohol, taking the defendant’s four-year-old son with them.  They continued to consume alcohol as they drove around.

At approximately 6:20 pm, the group was traveling on BIA 1, south of St. Francis, in an area where the posted speed limit is 25 miles per hour.  The teenager was driving, the adult was in the passenger seat, and Red Feather was in the back seat with his son.  The vehicle was traveling at approximately 57 miles per hour when it came upon a curve, failed to negotiate the curve, overcorrected, and left the roadway before rolling multiple times.  

Red Feather, the child, and the adult passenger were not wearing seat belts and were ejected from the vehicle.  As a result of the wreck, the child suffered fractures to his skull and one closed rib fracture, and Red Feather suffered injuries to his head, neck, and left shoulder.  The adult passenger died as a result of his injuries.  Blood tests subsequently indicated both Red Feather’s and the teenager’s blood alcohol level to be above .10.  The defendant’s blood test also indicated he had used marijuana.

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.

Lambert James Gunhammer, age 33, was sentenced to 22 months in custody, 3 years supervised release, a $200 special assessment to the Federal Crime Victims Fund, and $3,516.00 in restitution.

Gunhammer was indicted for two counts of Assaulting a Federal Officer by a federal grand jury on December 8, 2015.  He pled guilty on March 7, 2016.

In the early morning hours of November 18, 2015, Rosebud Sioux Tribe Law Enforcement Services responded to a call for service at the Rosebud Casino, when the casino manager reported Gunhammer as a danger.  When the officers approached Gunhammer, he told the officers he smoked marijuana prior to going to the casino.  Gunhammer was placed under arrest for drug charges and transported to the Adult Correctional Facility (ACF) in Rosebud.  Gunhammer was released from tribal custody several hours later; however, he remained in the lobby of the ACF and refused to leave the building.  At approximately 1:00 p.m. that day, a law enforcement officer approached Gunhammer in an effort to try to get him to leave the ACF facility.  Gunhammer eventually agreed to leave the building with the officer; however, once outside, he attempted to pull the officer back into the building.  He was arrested for disorderly conduct and escorted to the booking area of the ACF facility, where he was placed in the observation cell in the booking area and continued to yell at correctional officers.

At approximately 2:30 p.m. that same day, a corrections officer attempted to enter the observation cell.  Gunhammer complied with the officer's initial instructions to stand away from the door, but as the officer attempted to open the door, Gunhammer charged and forced his way through to the booking area.  The officer was able to place his arms around Gunhammer, but he continued to struggle with the officer.  A second corrections officer was at a nearby computer station and immediately responded to the assault.  The struggle moved from the door of the observation cell to behind the computer desk in the booking area.  Gunhammer was able to free his left arm and began to throw any item he could reach to the ground, including several computer monitors.  The struggle caused the second officer to fall into a concrete barrier by the computer station, where he hit his upper neck against a corner of the concrete.  The second officer remained conscious but was dazed.  At one point, Gunhammer grabbed a computer monitor and threw it to the ground, and the monitor hit the second officer in the head.  The first officer deployed pepper spray in Gunhammer's face, and he attempted to run to another part of the facility.

Additional correctional officers then responded to the attack.  Approximately 30 seconds after the attack began, the officers were able to enter the area and intercept Gunhammer as he moved from the computer desk to the open portion of the intake area.  Gunhammer struck a third officer in the face while trying to evade the officers, who were then able to subdue him. 

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

Gunhammer 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 a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Wilbur Hunter, age 52, was indicted on May 24, 2016.  Hunter appeared before U.S. Magistrate Judge Daneta Wollmann on June 10, 2016, and pleaded 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 charges relate to Hunter using a blunt object to assault a female at Kyle on March 10, 2016.

The charges are merely accusations and Hunter 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.

Hunter was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for August 16, 2016.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Voluntary Manslaughter was sentenced on June 14, 2016, by U.S. District Judge Roberto A. Lange.

Richelle Bowker, age 37, was sentenced to 126 months in custody, followed by 3 years of supervised release, $9,464.76 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Bowker was indicted by a federal grand jury for Second Degree Murder on July 14, 2015.  She pled guilty to Voluntary Manslaughter on March 8, 2016.

Bowker and the victim had been in a relationship for approximately eight years.  The conviction stemmed from an incident on June 9, 2015, when Bowker and the victim began arguing.  At some point, the victim took Bowker’s  phone and broke it in half.  Bowker went to the kitchen, grabbed a steak knife and stabbed him with it six times.  The victim was stabbed three times in his chest, twice in his right shoulder and back, and once in his left hand.  He died as a result of the multiple stab wounds.

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

Bowker 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 Possession of Firearm by Prohibited Person was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.

Nelson Red Bird, age 26, was sentenced to 37 months in custody, 2 years of supervised release, a $500 fine, and a special assessment of $100 to the Federal Crime Victims Fund.  Red Bird also forfeits $1,157 in cash, a firearm and ammunition seized during a search of his vehicle.

Red Bird was indicted by a federal grand jury on January 21, 2016.  He pled guilty on March 8, 2016.

Red Bird was convicted of a felony in federal court in November 2010 and was sentenced to 40 months of custody.  His initial supervised release began in 2013, but was revoked in March 2015 when urine samples tested positive for both marijuana and methamphetamine.  Red Bird’s second term of supervised release began on June 8, 2015.  On August 24, 2015, Red Bird absconded from the Community Alternatives of the Black Hills.  On August 25, 2015, Cheyenne River Sioux Tribe Law Enforcement was dispatched to investigate a report that a man in a white vehicle in a motel parking lot appeared to be under the influence.  Due to Red Bird’s suspicious actions inside the vehicle and his providing false names to the officers, Red Bird was detained and a police service dog was deployed around the vehicle.  When the dog indicated on the driver side door, the vehicle was searched and marijuana, drug paraphernalia, $1,157 in cash, a shotgun and ammunition were found in the vehicle. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Utah man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Alfredo Chavez Mendoza, a/k/a Alfredo Chavez-Mendoza, a/k/a Maniac, a/k/a Julian, age 26, was indicted on April 13, 2016.  He appeared before United States Magistrate Mark A. Moreno on June 10, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is at least 5 years and up to 40 years in custody and/or a $5,000,000 fine, at least 4 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 August 1, 2015, and April 13, 2016, Mendoza knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota.

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

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

Mendoza was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for September 2, 2016.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.

Lance Corey Flute, age 37, was sentenced to 4 months in custody, 2 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 January 21, 2016.  He pled guilty on March 8, 2016.

The conviction stemmed from an incident on December 17, 2015, when the Bureau of Indian Affairs, Crow Creek Agency, received a call from the Lower Brule dispatch indicating a male had shot himself in the stomach while inside a vehicle and had died at the Lower Brule clinic.  The victim had been a passage in a vehicle driven and registered to Flute.  Investigation into the shooting revealed that the deceased male had accidentally shot himself with a rifle belonging to Flute. 

Flute, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, was prohibited from owning a firearm.

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

Flute is to report to the custody of the U.S. Marshals Service on or before June 27, 2016.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Tampering with a Victim or Witness was sentenced on June 6, 2016, by U.S. District Judge Roberto A. Lange.

William Willard Miner, age 57, was sentenced to a year and a day in custody, 18 months of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Miner was indicted by a federal grand jury on September 9, 2015.  He pled guilty on March 22, 2016.

The conviction stemmed from an incident on June 13, 2015, when Miner, who was at some friends’ house in the White Horse Community, drinking and socializing with them.  At some point, Miner and another friend went to Mobridge to get more alcohol.  When they returned, the victim was at the residence and Miner walked up to him and threatened him.  Miner is related to Sage Miner, who assaulted the victim by hitting and kicking him several times in a separate federal matter.  Sage Miner was sentenced to one year and a day in custody.

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

Miner 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 Sexual Exploitation of a Minor, Enticement of a Minor Using the Internet, and Receipt of Child Pornography.  

Shane Douglass Davison, age 35, was indicted on May 24, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 2016.  He pleaded not guilty to the Indictment.

The penalty upon conviction is a mandatory minimum of 15 years of imprisonment, a $250,000 fine, lifetime of supervised release, and a $5,000 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Davison using a cell phone and computer to engage in illegal sexual activity with minor females located in the Philippines. The charges are merely an accusation and Davison 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 B. Collins is prosecuting the case.

Davison was detained pending trial.  A trial date has been set for July 26, 2016.

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

Elias LaPointe, age 23, was indicted on May 24, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 2016.  He pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 5 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 LaPointe leaving the Community Education Center halfway house and not returning as instructed. The charge is merely an accusation and LaPointe 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.

LaPointe was detained pending trial.  A trial date has been set for July 26, 2016.     

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

Tommy Blue Bird, age 27, was indicted on May 24, 2016.  Blue Bird appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 2016, and pleaded not guilty to the Indictment. 

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

The charges relate to Blue Bird holding a female against her will and assaulting her at Pine Ridge.  The charges are merely an accusation and Blue Bird is presumed innocent until and unless proven guilty. 

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

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