District of South Dakota

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 April 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.      

Ian Haverly, age 34, was sentenced to 57 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Haverly was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on January 21, 2015.  He pleaded guilty on November 6, 2015.

From September 2014 through January 2016, Haverly 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.

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

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

Stuart Dion, age 32, was indicted on December 8, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 1, 2015, and December 8, 2015, Dion, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

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

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

Dion 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 federal conviction and sentence of a Belle Fourche, South Dakota, man. 

Jerry Lane Golliher, age 33, was convicted in October of 2014, in federal district court in Rapid City of Commercial Sex Trafficking. The conviction stemmed from Golliher attempting to have sex with a 13 year-old girl for $150 during the 2013 Sturgis Motorcycle Rally.  In February of 2015, the district court sentenced Golliher to 15 years’ imprisonment.

During his trial, the federal jury heard that Golliher negotiated online with an undercover agent posing as a “pimp” to engage in sexual acts with a 13 year-old girl in exchange for money, and that he showed up at the meeting time and place with the appropriate amount of money, and confirmed he was there to have sex with the girl. 

In his appeal, Golliher argued that: (1) trial counsel was ineffective, prejudicing Golliher’s defense; the district court, the Honorable Karen E. Schreier, U.S. District Court Judge for the District of South Dakota, erred by (2) committing prejudicial error in refusing to admit evidence offered by Golliher in support of his defense; and (3) abused its discretion by not allowing the jury to review trial testimony during deliberations; and (4) the government’s misconduct deprived Golliher of a fair trial.  

In the published opinion, the federal court of appeals affirmed the district court in all respects.

Assistant U.S. Attorneys Sarah B. Collins and Ben Patterson prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government.  The investigation was conducted jointly by the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office.

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

Darren Scott Heller, age 48, was indicted on March 22, 2016.  Heller appeared before U.S. Magistrate Judge Daneta Wollmann on April 29, 2016, and pleaded not guilty to the Indictment.

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

The charges relate to Heller transporting a minor female intending to engage in sexual activity with her, and using the internet and cellular connections to attempt to persuade her to engage in sexual activity and to send her obscene material. The charges are merely an accusation and Heller is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Heller was released on bond pending trial.

Following a comprehensive investigation, today, the Justice Department released its findings that South Dakota unnecessarily relies on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.

South Dakotans with disabilities do not have a meaningful choice to receive the services they need in their own homes and communities.  The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability.

The department’s findings, detailed in a letter to South Dakota Governor Dennis Daugaard, follow an investigation into the state’s system of care for people who receive services and supports in nursing facilities.  The department found that thousands of people who rely on South Dakota for needed services must live in nursing facilities to receive those services, isolated from their communities.  With access to adequate home- and community-based services, these individuals could instead live in their homes and communities.

“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities.  South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”

An analysis of South Dakota’s current spending and national data shows that South Dakota – which has one of the highest nursing facility utilization rates in the country – may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services.  The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year. 

Nursing facility residents in South Dakota range in age, and include many older adults and almost 450 people under the age of 65.  In addition to older adults with age-related disabilities, many of these individuals have disabilities they were born with or acquired at a young age, such as cerebral palsy, multiple sclerosis and amputations due to diabetes or mobility impairments due to an accident. 

The findings letter examines the widespread impact of the state’s nursing facility system.  For example, one 51-year-old man told the Justice Department that he had entered the nursing facility to recover after a leg amputation, but had been trying to leave the nursing facility for months, without help. 

The department’s findings letter includes the following key conclusions:

• Thousands of people who need long-term care have no choice but a nursing facility because South Dakota does not adequately arrange for community-based services or identify residents appropriate for transition. 
• Many people who rely on state services do not know that they could choose community-based services instead of a nursing facility because the state has not informed them of or offered them these services.
• South Dakota spends more than 80 percent of its long-term services budget on nursing facilities but could rebalance these funds to prioritize home- and community-based services. 
• Most residents have physical disabilities, chronic illnesses or cognitive disabilities and need some assistance with some day-to-day tasks, rehabilitative therapy or nursing –services that the state can provide in community-based settings rather than in institutions.
• People with similar needs to those living in South Dakota’s nursing facilities successfully receive services at home in other states, and even in South Dakota.  The state already offers many of the services people will need to live in their own homes and can increase community capacity and address service limitations to ensure all individuals can choose these services instead of nursing facility placement.    
• People with disabilities living in rural and frontier areas of the state, including those living on reservations, have particular difficulty accessing services in their homes and communities.

The full findings letter can be found at www.ada.gov.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division.  Additional information about the U.S. Attorney’s Office of the District of South Dakota is available on its website at www.justice.gov/usao-sd.

The investigation was conducted by the Civil Rights Division with assistance by the U.S. Attorney’s Office of the District of South Dakota.  The United States is represented by Trial Attorneys Alexandra Shandell, Joshua Rogers and Mathew Schutzer of the Civil Rights Division’s Special Litigation Section and Assistant U.S. Attorney Alison Ramsdell of the District of South Dakota.

South Dakota Findings Letter

WASHINGTON – Following a comprehensive investigation, today, the Justice Department released its findings that South Dakota unnecessarily relies on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.   

South Dakotans with disabilities do not have a meaningful choice to receive the services they need in their own homes and communities.  The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability. 

The department’s findings, detailed in a letter to South Dakota Governor Dennis Daugaard, follow an investigation into the state’s system of care for people who receive services and supports in nursing facilities.  The department found that thousands of people who rely on South Dakota for needed services must live in nursing facilities to receive those services, isolated from their communities.  With access to adequate home- and community-based services, these individuals could instead live in their homes and communities.

“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities.  South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”

An analysis of South Dakota’s current spending and national data shows that South Dakota – which has one of the highest nursing facility utilization rates in the country – may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services.  The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year. 

Nursing facility residents in South Dakota range in age, and include many older adults and almost 450 people under the age of 65.  In addition to older adults with age-related disabilities, many of these individuals have disabilities they were born with or acquired at a young age, such as cerebral palsy, multiple sclerosis and amputations due to diabetes or mobility impairments due to an accident. 

The findings letter examines the widespread impact of the state’s nursing facility system.  For example, one 51-year-old man told the Justice Department that he had entered the nursing facility to recover after a leg amputation, but had been trying to leave the nursing facility for months, without help. 

The department’s findings letter includes the following key conclusions:

• Thousands of people who need long-term care have no choice but a nursing facility because South Dakota does not adequately arrange for community-based services or identify residents appropriate for transition. 
• Many people who rely on state services do not know that they could choose community-based services instead of a nursing facility because the state has not informed them of or offered them these services.
• South Dakota spends more than 80 percent of its long-term services budget on nursing facilities but could rebalance these funds to prioritize home- and community-based services. 
• Most residents have physical disabilities, chronic illnesses or cognitive disabilities and need some assistance with some day-to-day tasks, rehabilitative therapy or nursing –services that the state can provide in community-based settings rather than in institutions.
• People with similar needs to those living in South Dakota’s nursing facilities successfully receive services at home in other states, and even in South Dakota.  The state already offers many of the services people will need to live in their own homes and can increase community capacity and address service limitations to ensure all individuals can choose these services instead of nursing facility placement.    
• People with disabilities living in rural and frontier areas of the state, including those living on reservations, have particular difficulty accessing services in their homes and communities.

The full findings letter can be found at www.ada.gov.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division.  Additional information about the U.S. Attorney’s Office of the District of South Dakota is available on its website at www.justice.gov/usao-sd.

The investigation was conducted by the Civil Rights Division with assistance by the U.S. Attorney’s Office of the District of South Dakota.  The United States is represented by Trial Attorneys Alexandra Shandell, Joshua Rogers and Mathew Schutzer of the Civil Rights Division’s Special Litigation Section and Assistant U.S. Attorney Alison Ramsdell of the District of South Dakota.

United States Attorney Randolph J. Seiler announced that two Rosebud, South Dakota, men have been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.

Arvin Brave Bird, age 47, and Michael Yellow Eyes, age 33, were indicted on April 13, 2016.  Both men have appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.

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

It is alleged that on December 7, 2015, in Rosebud, Brave Bird and Yellow Eyes engaged in a sexual act with a victim by use of force, that the victim was physically incapable of declining participation, and that the two men did aid and abet each other in the commission of the crime.

The charge is merely an accusation and Brave Bird and Yellow Eyes are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribal Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Brave Bird and Yellow Eyes were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been scheduled for June 21, 2016.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Willful Failure to Withhold and Pay Over Tax was sentenced on April 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Scott Sogge, age 62, was sentenced to 12 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $270,085.17 in restitution to the Internal Revenue Service.

Sogge was charged on November 16, 2015, and pleaded guilty on December 4, 2015. The conviction stems from Sogge, a local business owner, willfully failing to pay over taxes related to the employment of individuals receiving wages from his business between April 1 and June 20, 2011.

The investigation was conducted by the Internal Revenue Service Criminal Investigation Division, and the U.S. Department of Labor, Employee Benefits Security Administration.  Assistant U.S. Attorney Gregg Peterman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Abusive Sexual Contact by Force of a Child  was sentenced on April 25, 2016, by U.S. District Judge Roberto A. Lange.

Leonard Rondeau, age 40, was sentenced to 15 years in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Rondeau was indicted by a federal grand jury on February 11, 2015.  He pled guilty on February 2, 2016.

The conviction stemmed from incidents between April 11, 2003, and October 31, 2004, when Rondeau, who was babysitting a child between the ages of 4 and 5 and whose mother was at work, knowingly engaged in multiple sexual contacts by force with the child.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on April 25, 2016, by U.S. District Judge Roberto A. Lange.

Emmet Bruguier, Jr., age 43, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Funds.

Bruguier was indicted by a federal grand jury on August 11, 2015.  He pled guilty on February 8, 2016.

The conviction stemmed from an incident on or about June 10, 2015, when Bruguier exited a building and approached the victim who was standing outside of the building.   The victim took his jacket off and squared off with Bruguier.  At that point, Bruguier brandished a box cutter.  The victim attempted to run away from Bruguier, but Bruguier swung the box cutter in a downward motion, making contact with the victim’s back.  As a result, the victim sustained a cut near his left shoulder and another near his lower back.

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

Bruguier 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 Possession of a Stolen Firearm was sentenced on April 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Christopher Fire Thunder, age 40, was sentenced to 18 months’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Fire Thunder was indicted for the charge on December 17, 2015.  He pled guilty on December 18, 2015.

The conviction stems from Fire Thunder possessing a stolen .40 caliber pistol on June 17, 2015, at Rapid City.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

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

Clint A. Marshall, Sr., age 43, was indicted on March 22, 2016.  Marshall appeared before U.S. Magistrate Judge Daneta Wollmann on April 15, 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 Marshall using a vehicle to assault three females on October 10, 2015, near Oglala.  He also attempted to strangle one of these females on the same date.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Marshall was released on bond pending trial.  A trial date has been set for June 21, 2016.

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

Those indicted on March 15, 2016, were:  Shaun Adam Espino, 42, from St. Francis, South Dakota and Scottsbluff, Nebraska; Rogelio Guel, Jr., a/k/a Roy Guel, 40, from Scottsbluff, Nebraska; Chelsey Sherri Little, a/k/a Chelsey Long Crow, 20, from Mission, South Dakota and Valentine, Nebraska; and Sarah Jean Roblez, 27, from Mission, South Dakota.  Between March 25, 2016, and April 19, 2016, all individuals appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.

The maximum penalty upon conviction for the charges against Espino is not less than 5 years or more than 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, $100 to the Federal Crime Victims Fund, restitution, and forfeiture of $7,682 in United States currency, a 9mm caliber pistol, a 12-gauge shotgun and ammunition.   

The maximum penalty upon conviction for the charges against Guel, Little, and Roblez is up to 20 years in custody and/or a $1,000,000 fine, at least 3 years of supervised release, $100 to the Federal Crime Victims Fund, and restitution.

The charges are merely an accusation and Espino, Guel, Little, and Roblez are presumed innocent until and unless proven guilty. 

The Indictment alleges that between January 1, 2015, and March 15, 2016, Espino, Guel, Little, and Roblez 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 also alleges that on or about January 15, 2016, in Todd County, South Dakota, Espino knowingly and intentionally possessed with the intent to distribute 50 grams or more of methamphetamine, and knowingly possessed two firearms even though he was prohibited from doing so because he had previously been convicted of a felony, and was an unlawful user of and addicted to a controlled substance.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Espino, Guel, Little, and Roblez were remanded to the custody of the U.S. Marshals Service pending trial.  A jury trial has been set for June 7, 2016.

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

Dionisio Munoz-Torres, age 29, was indicted on February 23, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.   

From June 2014 through February 2016, Munoz-Torres conspired and agreed with others to possess and distribute 50 grams or more of methamphetamine within the District of South Dakota.

The charge is merely an accusation and Munoz-Torres is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and Rapid City Police Department.  Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.   

Munoz-Torres was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for June 7, 2016.

United States Attorney Randolph J. Seiler announced that two men from the Pine Ridge reservation have been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Tampering with a Witness, and Use and Brandishing of a Firearm during the Commission of a Crime of Violence.

Charles Colhoff, a/k/a Charles H. Goings, a/k/a Chuckie Colhoff, age 27 from Pine Ridge, and Jeremy Crow, age 22 from Batesland, were indicted on April 14, 2016.  Crow appeared before U.S. Magistrate Judge Daneta Wollmann on March 30, 2016, and pleaded not guilty to the Indictment.  Colhoff appeared before U.S. Magistrate Judge Daneta Wollmann on April 15, 2016, and pleaded not guilty.

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

The charges relate to Colhoff and Crow using a firearm to rob two females at Pine Ridge on June 4, 2015.  On June 11, 2015, they again used a firearm to assault and threaten another female at Pine Ridge. 

The charges are merely accusations and Colhoff and Crow are 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 Eric Kelderman is prosecuting the case.

Colhoff and Crow were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for June 21, 2016.

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

Charles Hollow Horn, age 20, and Bradley Speker, age 24, were indicted on April 13, 2016. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 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 December 8, 2015, both Hollow Horn and Speker unlawfully assaulted another man with shod feet with the intent to do bodily harm.  The assault resulted in serious bodily injury to the victim.

The charge are merely accusations and Hollow Horn and Speker are 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.   

Hollow Horn and Speker were released on bond pending trial, which has not been set.

United States Attorney Randolph J. Seiler announced that three Eagle Butte, South Dakota, men convicted for their roles in burning down a 98-year-old church on the Cheyenne River Indian Reservation were sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.

Cody Yellow, age 27, was sentenced to 41 months in custody; Ake Kyle Eagle Hunter, age 29, was sentenced to 35 months in custody; and Robert Grindstone, age 28, was sentenced to 37 months in custody.  All three were sentenced to 2 years of supervised release, $3,776.92 restitution to the Cheyenne River Sioux Tribe for the cost of extinguishing the fire, and each is to pay a $100 special assessment to the Federal Crime Victims Fund.  Restitution for the destruction of the church structure was left open for an additional 90 days.

Yellow, Eagle Hunter, and Grindstone were indicted for Third Degree Burglary and Arson by a federal grand jury on August 11, 2015.  Yellow and Grindstone pled guilty to Arson and Aiding and Abetting.  Grindstone pled guilty to Accessory After The Fact.

St. Basil's Church, a/k/a Mossman Church, was built in 1917.  It is located on United States Highway 212 near Ridgeview, South Dakota. Locals have maintained the church throughout the years.  Mass was held there every Memorial Day weekend, and occasionally weddings and funerals were also held at the church.

On July 19, 2015, Yellow, Eagle Hunter, and Grindstone drove from Eagle Butte to the Mossman Church to visit a friend’s grave at the cemetery near the church.  After visiting the grave site, Yellow kicked open the door to the church, and once they were inside, the three men vandalized the church.  Grindstone found a can with liquid inside it in a room next to the altar and one of the others suggested burning the church down.  Grindstone opened the can and intentionally dropped the metal container, letting the contents spill out.  After that, one of the other two men lit the liquid accelerant on fire.  The church burned to the ground and was a total loss.

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

Yellow, Eagle Hunter, and Grindstone were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine and five counts of Distribution of Methamphetamine was sentenced on April 18, 2016, by U.S. District Judge Karen E. Schreier.

Jaime Aroldo Duarte-Lopez, age 24, was sentenced to 97 months in custody, and a $600 special assessment to the Federal Crime Victims Fund.

A superseding indictment was issued against Duarte-Lopez for Conspiracy to Distribute Methamphetamine and five counts Distribution of Methamphetamine by a federal grand jury on December 15, 2015.  He was found guilty of all counts after a jury trial on January 22, 2016.

In 2014 and 2015, Duarte-Lopez was involved in a conspiracy to distribute methamphetamine in Sioux Falls.  Duarte-Lopez distributed over 175 grams of methamphetamine to a confidential informant working with law enforcement. 

This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

Justin Stone Arrow, age 37, was indicted on April 13, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of Assault with a Dangerous Weapon and Child Abuse 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 for each count.  The maximum penalty upon conviction of Assault Resulting in Substantial Bodily Injury 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.

It is alleged that on or about March 10, 2016, Stone Arrow unlawfully assaulted a person who had not attained the age of 16 years with a dangerous weapon and that said assault resulted in substantial bodily injury to the minor.

The charge is merely an accusation and Stone Arrow 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.   

Stone Arrow 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 Rosebud, South Dakota, man convicted of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear was sentenced on April 19, 2016, by U.S. District Judge Roberto A. Lange.

Neal LaPointe, age 32, was sentenced to 234 months in custody, 8 years of supervised release, a $300 special assessment to the Federal Crime Victims Fund, $528.10 in restitution, and no contact with minors, co-defendants, and victims.

LaPointe was indicted for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors by a federal grand jury on June 12, 2013.  An eight-count Superseding Indictment charging seven counts of Sexual Exploitation of a Child and one count of Distribution of Material Involving the Sexual Exploitation of Minors was filed on August 12, 2013.  On August 19, 2014, LaPointe was indicted for Failure to Appear by a federal grand jury.  He pled guilty to one count each of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear on September 28, 2015.

At earlier times, as well as between March 1, 2012, and April 30, 2013, LaPointe was living in California and, using the guise of various aliases and online identities, including that of a minor female named "Jess Martin", he would use computers, the internet, and the social networking site Facebook to solicit images of minors engaging in explicit sexual conduct, and he would also distribute images of minors engaging in explicit sexual conduct via computer and over the internet.  Using the guise of "Jess Martin" LaPointe solicited sexually explicit photographs from a minor who lived on the Rosebud Sioux Indian Reservation.  The minor reciprocated and sent LaPointe some explicit pictures of herself. The minor used her computer and a webcam to send the images to LaPointe.  Those images were shared with other individuals, and circulated over the internet between the states of South Dakota and California, and elsewhere.  LaPointe also solicited other depictions of minors engaging in sexually explicit conduct when he asked for naked photos and photos displaying the genitals.

LaPointe received and distributed numerous images of child pornography and depictions of minors engaging in sexually explicit conduct on different dates.  The illegal materials came into LaPointe's possession in California, and he redistributed images, sharing materials with others from South Dakota,including, but not limited to, some other men as well as a minor from the Crow Creek Indian Reservation.  LaPointe had reason to know that the child pornography images and depictions of minors engaging in sexually explicit conduct would be produced using material that had been mailed and shipped and transported in interstate and foreign commerce by any means, including by computer or cellular telephone, Facebook, or other online services.

On July 14, 2014, LaPointe, having been charged with the offenses of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors, offenses punishable by imprisonment for a term of more than 15 years, and having been released in connection with the aforementioned criminal charge, did knowingly fail to appear as required before U.S. District Judge Roberto A. Lange.  After his initial arrest, he was detained for a period of time.  Ultimately, U.S. Magistrate Judge Mark Moreno allowed his release and ordered him to be on electronic monitoring and to live with his father at a ranch on the Rosebud Sioux Indian Reservation.  As part of his release, LaPointe signed paperwork indicating he understood that failure to appear could lead to prosecution and that he needed to appear as directed by the Court for all scheduled matters.  LaPointe signed a plea agreement agreeing to plead guilty to sexual exploitation and related charges.  He was ordered to appear for a change of plea hearing on July 14, 2014, at 10:45 a.m.  LaPointe failed to appear at court because he had absconded from his release and electronic monitoring, and his whereabouts were unknown until he was apprehended around February 13, 2015, in Miami, Florida.

This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Sacramento County Sheriff’s Department, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, U.S. Marshals Service, and the Rosebud Sioux Tribal Police Department.  Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.

Benton Brave Hawk, age 25, was sentenced to 15 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Brave Hawk was indicted for Aggravated Sexual Abuse of a Child and Child Abuse by a federal grand jury on August 11, 2015.  He pled guilty to a Superseding Information charging Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury on February 1, 2016.

Between December 1, 2014, and March 28, 2015, Brave Hawk watched two children overnight at their home in Rosebud.  Brave Hawk was the only adult present.  At some point in the night, Brave Hawk went to the bed where the siblings were sleeping and climbed on top of the female child.  Brave Hawk held his hand over the female child’s mouth and proceeded to have abusive sexual contact with the child.  The male child awoke to the female child’s crying and grabbing onto his arm.  Brave Hawk put money on the bed, and told the female child not to tell anyone.

Between December 1, 2014, and March 28, 2015, while at the same home in Rosebud, Brave Hawk hit the male child across his back and buttocks with a belt.  The belt had a metal buckle and the metal buckle made contact with the child's skin.  Brave Hawk's willful and reckless actions caused substantial bodily injury to the child.

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

Brave Hawk 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 Theft of Firearms was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Joshua Clark, age 28, was sentenced to 18 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Clark was charged on August 18, 2015, and pleaded guilty on December 11, 2015. The conviction stems from Clark and another person stealing several firearms from a pawn shop in Rapid City.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rapid City Police Department, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

Clark 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 Possession of a Firearm by a Prohibited Person was sentenced on April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Clayton M. High Wolf, age 53, was sentenced to 92 months’ custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

High Wolf was indicted for the charge on September 23, 2014.  High Wolf was convicted of the charge at the conclusion of a federal jury trial in Rapid City in January 2015.

The conviction stems from High Wolf knowingly being in possession of a Smith & Wesson .22 caliber pistol and Remington .22 caliber ammunition when he was stopped by Rapid City police officers on North LaCrosse Street on July 17, 2014.  High Wolf previously had been convicted of Conspiracy to Distribute a Controlled Substance in 1996, and of Possession with Intent to Distribute a Controlled Substance in 2008.  Based on those felony convictions, High Wolf was prohibited from possessing firearms or ammunition.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

High Wolf was immediately detained in 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 April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Brandon James Noisy Hawk, age 34, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Noisy Hawk was indicted for the charge on June 16, 2015, and pleaded guilty on January 8, 2016.

The charge related to Noisy Hawk failing to register as a convicted sex offender between March 10, 2015, and June 16, 2015.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Arson was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Duane Benson, age 31, was sentenced to 57 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Benson was charged on May 19, 2015, and pleaded guilty on December 18, 2015.  The conviction stems from Benson intentionally setting fire to a trailer at Belt Village.

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.

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

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

Jeremy Eagle Bear, age 25, was indicted on April 13, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that between December 15, 2015, and March 28, 2016, Eagle Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

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

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

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

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.

Emerson Severt Spider, 41, of Porcupine, was indicted on March 22, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2016.  He pleaded not guilty to the Indictment.

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

  The charges relate to Spider engaging in sexual contact with two girls under the age of 12. The charges are merely an accusation and Spider is presumed innocent until and unless proven guilty. 

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

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

United States Attorney Randolph J. Seiler announced that a Pollock, South Dakota, woman has been indicted by a federal grand jury for Theft of Mail.

Elaine Reller, age 55, was indicted on April 18, 2016.  She appeared before U.S. Magistrate Judge William D. Gerdes on April 22, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about January 16, 2016, Reller stole, took, and abstracted mail, which belonged to someone else, from an authorized depository at the Pollock Post Office.

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

The investigation is being conducted by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Reller was released on bond pending trial, which has not been set.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.

Jason Willard Menard, age 31, was sentenced to 126 months in custody, 5 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Menard was indicted by a federal grand jury on May 19, 2015.  He pled guilty on February 1, 2016, to distributing 500 grams or more of methamphetamine. 

Beginning in at least November of 2013, Menard received and distributed methamphetamine in South Dakota.  The individuals who provided Menard with large amounts of methamphetamine knew he intended to engage in further distribution.  Menard was a leader in his distribution network and he had numerous other dealers working for him.  It was reasonably foreseeable to Menard that more than 500 grams of methamphetamine would be distributed during the course of his 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. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.

Menard 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 a Sioux Falls, South Dakota, man’s conviction for being a prohibited person in possession of a firearm.  

Cody Michael Smith, age 27, was indicted by a federal grand jury on December 3, 2014, for being a prohibited person in possession of a firearm due to a prior conviction for a misdemeanor crime of domestic violence. 

Smith was found in possession of a loaded rifle after Sioux Falls Police Department officers responded to his residence to see if his ex-girlfriend, who had been reported missing from a halfway house, was there.  The caller told police that Smith was a drug user who was known to possess weapons.  At Smith’s residence, law enforcement decided to make entry once they realized Smith had lied about being the only person present in the home.  In his bedroom, officers found Smith holding his ex-girlfriend and a gun on the bed. 

Smith pleaded guilty to the charge on December 30, 2014, and was sentenced to 41 months in prison. 

On appeal, Smith challenged the officers’ entry into his home.  The Eighth Circuit upheld the district court’s determination that the officers’ entry was a proper execution of their community caretaking function.

This case was investigated by the Sioux Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Jennifer Mammenga prosecuted the case, and Assistant U.S. Attorney Kevin Koliner argued the case on appeal.

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

Lloyd Red Horse, Jr., age 19, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 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, any term of years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 7, 2015, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, by the use of force.  On that same date, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, when the victim was incapable of appraising the nature of the conduct, and was physically incapable of declining participation and communicating her unwillingness to engage in the sexual act.

The charges are merely accusations and Red Horse 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.   

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

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

Raymond Uses The Knife III, a/k/a Yamni Uses The Knife III, age 32, was indicted on April 13, 2016.  He appeared before U.S. Magistrate Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is not more than 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about April 5, 2016, Uses The Knife III, having been charged with the federal felony offenses of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, failed to appear in U.S. Magistrate Court on April 5, 2016, for a hearing on those charges.

The charge is merely an accusation and Uses The Knife III is presumed innocent until and unless proven guilty. 

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

Uses The Knife III 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 Serious Bodily Injury.

Walter Hanson, Jr., age 31, was indicted on April 13, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 6 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about January 13, 2016, Hanson unlawfully assaulted a human being and said assault resulted in serious bodily injury.

The charges are merely accusations and Hanson 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.   

Hanson was released on bond pending trial, which has been set for June 21, 2016.

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

Kelly Gene Clown, age 41, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 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 23, 2015, Clown unlawfully assaulted an individual with shod feet, with the intent to do bodily harm to the victim.

The charge is merely an accusation 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 Kirk Albertson is prosecuting the case.   

Clown was released on bond pending trial, which has been set for June 7, 2016.

United States Attorney Randolph J. Seiler announced that a San Pablo, California, man has been indicted by a federal grand jury for conspiracy to distribute a controlled substance.

Raymundo Cordova, age 33, was indicted on January 26, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.

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

From January 2013 through January 2016, Cordova conspired and agreed with others to possess and distribute 500 grams or more of methamphetamine within the District of South Dakota.

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

The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and the Rapid City Police Department.  Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.   

Cordova was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for June 7, 2016.

United States Attorney Christopher C. Myers for the District of North Dakota, and Randolph J. Seiler, United States Attorney for the District of South Dakota, announced that on April 22, 2016, the Standing Rock Sioux Tribe (SRST) Reentry Week Mentorship Program Launch will take place at the council chambers in the SRST government building located in Fort Yates, ND, at 12:30 p.m., and is open to the public as well as the media.

The United States Attorney’s Offices for both the Districts of North and South Dakota have been collaborating with the tribe since approximately December of 2014 to organize a Tribal Reentry Program that would address the growing issue of recidivist activity being committed by returning members. A Memorandum of Understanding (MOU) was signed by the U. S. Attorneys for the District of North and South Dakota in a ceremony that took place at the SRST Council Chambers in Fort Yates, ND, on July 7, 2015.

The MOU has led to the creation of a charter and plan of action in instituting a reentry program that will revolve around spiritual and cultural mentors who have successfully reintegrated back into the community. These mentors will, in turn, help the returning offenders become “reacclimated” to the reservation community and provide spiritual and cultural guidance on how to avoid the common pitfalls of reentry. At the April 22nd event, the Tribe will officially assign 3 to 5 members returning to the community to the first two fully-qualified mentors in the program, with an additional 6 to 8 mentors being assigned over the next 36 months.

“The launching of the Mentorship Program is an extraordinary step in a positive direction,” said Troy Morley, a reentry services team member, Assistant U.S Attorney, and Tribal Liaison for the District of South Dakota.   “The MOU we have in place has provided an incredible opportunity for the Standing Rock Sioux Tribe, and all of the state and federal partners, to work jointly towards the goal of reducing recidivism and increasing public safety for all tribal members.  We are excited about this reentry program, which will allow mentors to help others successfully integrate themselves back into their communities.”

The MOU that set the program into motion was signed by the South Dakota U.S. Attorney’s Office, North Dakota U.S. Attorney’s Office, Standing Rock Sioux Tribe, Bureau of Indian Affairs Office of Justice Services - Standing Rock Agency, South Dakota Department of Corrections, North Dakota Department of Corrections and Rehabilitation, South Dakota Unified Judicial System, North Dakota U.S. Probation and Pretrial Services, South Dakota U.S. Probation and Pretrial Services, South Dakota Department of Tribal Relations, and the North Dakota Indian Affairs Commission.

For information regarding National Reentry Week, please click on this link: https://www.justice.gov/opa/blog/national-reentry-week

United States Attorney Randolph J. Seiler announced that a Sand Springs, Oklahoma, man convicted of Possession of a Firearm by a Prohibited Person and Failure to Register as a Sex Offender was sentenced on April 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

As to the charge of Possession of a Firearm by a Prohibited Person, Garnette Titus, age 43, was sentenced to 77 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  As to the Failure to Register as a Sex Offender charge, Titus was sentenced to 60 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  The periods of custody and supervised release are to run concurrent to each other.

Titus was indicted for the charges on June 16, 2015.  Titus pled guilty on August 24, 2015. 

The charges related to Titus being in possession of a .380 pistol on March 18, 2015, near Pine Ridge, after having been previously convicted of felonies.  Titus also failed to register as a convicted sex offender between April 1, 2014, and March 18, 2015.  While Titus was unregistered, he assaulted a tribal corrections officer.

This case was investigated by the Bureau of Indian Affairs Division of Drug Enforcement, the Oglala Sioux Tribe Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the U.S. Marshals Service.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

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United States Attorney Randolph J. Seiler announced that a 2011 wetland determination made by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) was affirmed by the Eighth Circuit Court of Appeals this week.

Arlen and Cindy Foster (Fosters) challenged a USDA determination that a portion of their farmland was a wetland within the meaning of federal statutes and regulations. In 2014, District Court Judge Karen Schreier granted summary judgment in favor of the USDA after concluding the agency’s decision was not arbitrary, capricious, or contrary to the law.  The appeals court agreed.

In 1985, Congress enacted what are commonly referred to as “Swampbuster” provisions in order to combat the disappearance of wetlands through conversions into crop lands.  The Swampbuster provisions provide that agricultural production on a converted wetland would cause a farmer to forfeit eligibility for a number of federal farm-assistance programs. 

Under Swampbuster provisions, the NRCS is charged with determining and certifying wetlands.  In order for a site to be classified as a wetland, NRCS must establish that three criteria have been met:  (1) that the land has a predominance of hydric soils; (2) the presence of wetland hydrology (defined as sufficient surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophyic vegetation); and (3) that under normal circumstances the land supports a prevalence of hydrophyic vegetation. 

The NRCS determined that 0.8 acres of the Fosters’ property was a wetland.  The Fosters appealed the wetland status to the National Appeals Division (NAD), an agency independent from the USDA, which affirmed the NRCS determination.  The Fosters then filed a lawsuit in District Court challenging the basis for the NRCS's determination of the wetland status as being arbitrary, capricious, or otherwise not in accordance with the law. 

The Fosters specifically challenged the NRCS’s use of aerial photography and a wetland reference site, but the District Court concluded, and the appeals court agreed, that the NRCS properly followed its wetland determination procedures and criteria established to make wetland determinations.  Ultimately, the Courts held that the agency made a rational connection between the facts and the wetland determination, and thus, the NRCS did not act arbitrarily or capriciously, or contrary to the law.     

The agency determination was defended by Assistant United States Attorney Cheryl Schrempp DuPris and the USDA, Office of the General Counsel.

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

James Two Charger, age 24, was indicted on March 15, 2016. He appeared before United States Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction for each count 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.

It is alleged that on March 1, 2016, Two Charger assaulted one officer by hitting the officer in the abdomen and side as the officer attempted to arrest Two Charger. Two Charger then spit directly at another officer’s face.

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

The investigation is being conducted by the Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is

prosecuting the case.

Two Charger was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for May 25, 2016.

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United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on April 5, 2016, by United States District Court Judge Roberto A. Lange.

Anthony Farmer, age 32, was sentenced to 27 months in custody, 3 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.  Farmer was also ordered to forfeit his firearm.

Farmer was indicted for Felon in Possession of a Firearm and Failure to Register as a Sex Offender by a federal grand jury on June 9, 2015. He pled guilty to Felon in Possession of a Firearm on January 20, 2016.

On March 16, 2010, Farmer was convicted of Abusive Sexual Contact with a Child and received a 48 months custody sentence, to be followed by a 5 year term of supervised release.  On August 2, 2013, Farmer began his term of supervised release.

On April 1, 2015, Farmer was arrested for sex offender registration violations and was in possession of a .22 caliber rifle at the time of his arrest.         

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

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

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United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 11, 2016, by United States District Court Judge Roberto A. Lange.

Dwight Black Spotted Horse, age 31, was sentenced to 21 months in custody, 5 years supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Black Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on December 8, 2015.  He pled guilty on February 9, 2016.

On April 23, 2007, Black Spotted Horse was sentenced to 70 months in federal custody for Sexual Abuse of a Minor.  As a result of his conviction, he is required to register as a sex offender.  Between September 14, 2015, and November 6, 2015, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington county and elsewhere.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

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

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United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Child Abuse and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle.

Colton Poorman, age 36, was indicted on March 15, 2016.  He appeared before United States Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of child abuse is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  The maximum penalty upon conviction of operating a motor vehicle under the influence of alcohol with a minor present in the motor vehicle is up to 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and $25 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that on October 11, 2015, Poorman committed the public offense of driving or control of a vehicle while under the influence of alcohol and that there was a minor child in the vehicle who had not attained the age of seven years.

The charge is merely an accusation and Poorman 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.   

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

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United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Hermis Tall, a/k/a Hermis Earl Janis, Jr., age 25, was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Tall pled guilty to Assault Resulting in Serious Bodily Injury on January 4, 2016.

The conviction stems from Tall assaulting a female near Manderson between October 23 and 24, 2014.  The assault resulted in the victim receiving cuts to her face, bruising to her head and neck, and injury to her hips and pelvic area.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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United States Attorney Randolph J. Seiler announced that a Little Rock, Iowa man convicted of Use of Interstate Facilities to Transmit Information about a Minor was sentenced on April 11, 2016, by United States District Court Judge Karen E. Schreier.

Lance Eugene Hunter, Jr., age 30, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Hunter was indicted by a federal grand jury on June 2, 2015.  He pled guilty on January 26, 2016.  

Hunter responded to an advertisement on the Internet website of Backpage.com that was posted as part of a law enforcement undercover operation.  Using his cell phone to send text messages, Hunter agreed to meet at a location in Sioux Falls to have sex with a fictitious 15 year-old girl.  Law enforcement officers arrested Hunter after he attempted to leave the scene.  They found the cell phone used for text messages as well as $100 in cash.

This case was investigated by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Hunter was ordered to self-surrender on May 2, 2016.

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

Mario Delaney Crow Ghost, age 45, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on April 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 October 19, 2015, and March 15, 2016, Crow Ghost, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.

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

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

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

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

Jessica Moran, age 39, was indicted on March 15, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on April 5, 2016, and pled not guilty to the Indictment.

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

It is alleged that on December 10, 2015, Moran assaulted a corrections officer, while in custody at the Adult Corrections Facility in Rosebud.  Moran allegedly kicked the corrections officer twice in the legs.

The charge is merely an accusation and Moran 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.   

Moran 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 three Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily.

Tahlon Ducheneaux, age 23, Raymond Uses The Knife, III, a/k/a Yamni Uses The Knife, III, age 25, and Chase Dolphus, age 21, were indicted on February 17, 2016.  All three made initial appearances before U.S. Magistrate Judge Mark A. Moreno, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 6 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about July 25, 2015, Ducheneaux, Uses The Knife, and Dolphus unlawfully assaulted another human being,  resulting in serious bodily injury.

The charges are merely accusation and Ducheneaux, Uses The Knife, and Dolphus are presumed innocent until and unless proven guilty. 

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

Ducheneaux and Dolphus were released on bond pending trial.  Uses The Knife was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 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 Failure to Register as a Sex Offender.

Joseph Hatchett, age 39, was indicted on March 22, 2016.  Hatchett appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 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, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

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

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

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

Hatchett was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for June 7, 2016.

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

Franklin Long Black Cat, a/k/a Franklin Long, age 22, was indicted on March 22, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollman on March 25, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction on Count I and II 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 an incident that occurred on February 14, 2016, where Long Black Cat assaulted the victim with a dangerous weapon, resulting in serious bodily injury.

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 Bureau of Indian Affairs Office of Justice Services.  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 been set for May 31, 2016.

United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.

Donovan Wright, age 48, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 5, 2016, and pled not guilty to the Indictment.

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

It is alleged that on January 30, 2016, in Todd County, South Dakota, Wright killed a man by operating a motor vehicle in a grossly negligent manner.

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

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

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