FELON SENTENCED TO 10 YEARS IN FEDERAL PRISON

A man who possessed a pistol after having been convicted of five previous felonies was sentenced August 1, 2012, to 10 years in federal prison.

Randy Scott Smith, age 50, of Corwith, Iowa, received his prison term after a February 10, 2012, guilty plea to one count of possessing a firearm having been convicted of a crime punishable by imprisonment for a term exceeding one year.

According to information presented by the United States at the change of plea hearing and sentencing, from age 19 to 50, Smith had accumulated more than 28 convictions, probation and parole violations. These included five felony drunk driving offenses. Each of these felonies precluded Smith from lawfully possessing a firearm under federal law.

Despite this fact, however, on or about June 9, 2011, defendant possessed a 9- millimeter pistol. Smith had been drinking and became increasingly agitated through the day. Smith threatened to kill the people with him at the residence, then got the 9- millimeter pistol, and started waving the gun around. Later he threatened people with a sledge hammer. Smith also threatened to kill himself.

Smith was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Hamel was sentenced to 120 months' imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.

Smith is being held in the United States Marshal's custody until he can be transported to a federal prison.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-3049.

The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the ATF; and the Hancock County Sheriff's Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.

Norris Man Charged with Involuntary Manslaughter, Child Abuse, and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle

United States Attorney Brendan V. Johnson announced that a Norris, South Dakota man has been indicted by a federal grand jury for involuntary manslaughter, child abuse, and operating a motor vehicle under the influence of alcohol with a minor present in the motor vehicle.

Mark Clairmont, age 38, was indicted by a federal grand jury on June 12, 2012. He appeared before United States Magistrate Judge Mark A. Moreno on June 19, 2012, and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years’ custody, a $250,000 fine, or both.

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

The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers. Clairmont was released on bond pending trial.

Navajo Man Sentenced to 33 Months for DUI-Related Involuntary Manslaughter Conviction

ALBUQUERQUE—Yesterday in federal court, Felix Washburn, 22, was sentenced to 33 months’ imprisonment to be followed by a three term of supervised release for his involuntary manslaughter conviction. Washburn, an enrolled member of the Navajo Nation, is in federal custody and is serving his sentence.

U.S. Attorney Kenneth J. Gonzales said that Washburn pleaded guilty to killing Mae Tyler, a 48-year-old Navajo woman, on May 25, 2010, while operating a vehicle while under the influence of alcohol near Sanostee, N.M., which is located on the Navajo Indian Reservation.

According to court filings, in the early hours of May 25, 2010, Washburn was driving a Ford Explorer SUV with two passengers, including Ms. Tyler who was in the back seat, after he had consumed a significant amount of alcohol. Before Washburn got into the driver’s seat, the other passenger pleaded with him to let her drive because he was intoxicated, but Washburn rebuffed her entreaties. While driving on a straight road, Washburn lost control of the SUV and the vehicle overturned once and came to rest upright. Washburn and Ms. Tyler were ejected from the SUV. While the passenger got out of the SUV to check on Ms. Tyler, Washburn got back into the SUV and drove a short distance before the SUV came to a stop. Washburn then fled on foot.

Court records reflect that the Navajo Nation Department of Public Safety (NNDPS) was notified of the vehicular fatality at 2:50 a.m. on May 25, 2010. At, at 5:25 a.m. on that same day, an alcohol analyzer indicated that Washburn’s blood alcohol content was .14, and a routine blood draw at a medical facility determined that Washburn had a blood alcohol content of .165 at 7:12 a.m. that day.

The case was investigated by the Federal Bureau of Investigation and the NNDPS, and was prosecuted by Assistant U.S. Attorney Shana B. Long.

Tinton Falls Man Pleads Guilty to Involuntary Manslaughter in Death of School Principal

TRENTON, NJ—Dennis Smentkowski, of Tinton Falls, N.J, admitted today to driving his car while impaired by the sleep medication Ambien, causing the death of Donald Merce in a head-on collision, U.S. Attorney Paul J. Fishman announced.

Smentkowski, 46, pleaded guilty today to a one-count indictment charging him with involuntary manslaughter. Smentkowski entered his guilty plea before U.S. District Judge Joel A. Pisano in Trenton federal court.

According to documents filed in this case and statements made in court:

Smentkowski was driving his Ford Explorer southbound on Oceanport Avenue near the East Gate of Fort Monmouth at 7 a.m. on May 6, 2008, when he drove across a double yellow line into oncoming traffic and collided head-on with a vehicle driven by Merce, 58, who was on his way to his job as principal of the Markham Place School in Little Silver.

At the time of the collision with Merce’s vehicle, Smentkowski was impaired under the laws of New Jersey as a result of his being under the influence of the sleep aid drug Zolpidem, a Schedule IV controlled substance, commonly known as Ambien, which he had taken prior to getting into his car.

Smentkowski admitted he had ingested at least four 12.5 mg dosages of Ambien in the hour or so before the collision, four times the recommended dosage. Smentkowski admitted he consciously disregarded the substantial risk to the safety and the lives of others by operating a motor vehicle while his ability to drive was impaired by Ambien. He also admitted his actions caused the death of Donald Merce, who was killed instantly from the injuries he suffered during the collision.

As a part of Fort Monmouth at the time, the site of the collision falls under the exclusive jurisdiction of the federal government. The facility has since closed.

The involuntary manslaughter count to which Smentkowski pleaded guilty carries a maximum potential penalty of eight years in prison and a $250,000 fine. Smentkowski is scheduled to be sentenced by Judge Pisano on Jan. 24, 2012.

U.S. Attorney Fishman credited special agents of FBI-Red Bank, under the direction of Special Agent in Charge Michael B. Ward; the former Fort Monmouth Police, U.S. Department of Defense; and the Monmouth County Prosecutor’s Office under the direction of Peter E. Warshaw Jr.

The government is represented by Assistant U.S. Attorney Robert Frazer of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit in Newark.

Defense counsel: Charles J. Uliano Esq., West Long Branch, N.J.

St. Francis Man Pleads Guilty to Two Counts of Involuntary Manslaughter

United States Attorney Brendan V. Johnson announced that Christopher L. Two Lance, age 28, of St. Francis, South Dakota, appeared before United States District Judge Roberto A. Lange on September 27, 2011, and pled guilty to two counts of involuntary manslaughter. The maximum penalty upon conviction for each count is eight years of imprisonment, a $250,000 fine, or both.

The charges stem from an incident that took place on the evening of July 6, 2011, at approximately 6:40 p.m., when Two Lance was driving a motor vehicle in excess of the posted 65 mile per hour speed limit, had been drinking alcoholic beverages, and was under the influence of alcohol. Two Lance was observed driving recklessly before he ran into the victim’s vehicle. Both victims died as a result of the collision. Two Lance was driving the car at a rate of about approximately 99 miles per hour at the time of the collision. Two Lance, whose blood alcohol was determined to be .319, was also hurt as a result of the crash.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

A presentence investigation was ordered. Two Lance was released to the Department of Veteran’s Affairs for treatment pending sentencing.

Navajo Woman Receives 30-Month Prison Sentence for DUI-Related Involuntary Manslaughter Conviction

ALBUQUERQUE—On July 12, 2011 in federal court in Albuquerque, Verdie Chavez, a 34-year-old enrolled member of the Navajo Nation who resides in Smith Lake, New Mexico, was sentenced to 30-months of imprisonment to be followed by three years of supervised release for her conviction on an involuntary manslaughter charge. Chavez also was ordered to pay $6,119.98 in restitution to cover funeral costs for the victim. Chavez, who has been under pretrial supervision at a half-way house since her arrest on June 4, 2010, is required to surrender to the U.S. Marshal’s Service by July 14, 2011 to begin serving her prison sentence.

United States Attorney Kenneth J. Gonzales said Chavez was driving under the influence of alcohol and driving recklessly when she killed Jimmy Larry, a 65-year-old Navajo man, on the Navajo Indian Reservation on July 23, 2007. Chavez was indicted on September 29, 2010 and charged with (1) second degree murder; (2) involuntary manslaughter; and (3) assault resulting in serious bodily injury. On February 11, 2011, Chavez entered a guilty plea to count 2, the involuntary manslaughter offense, under a plea agreement with the United States Attorney’s Office. The two remaining counts of the indictment were dismissed after Chavez was sentenced.

Court filings reflect that, following the collision that resulted in Mr. Larry’s death, Chavez told a nurse at the Gallup Indian Medical Center that he intentionally swerved into the other lane because her passenger “doubled dared” her to hit an oncoming car traveling in the opposite direction. Chavez told the nurse that, when she attempted to get back into her lane of traffic, her passenger grabbed the steering wheel and forced her to stay in the other lane until Chavez struck Mr. Larry’s vehicle. The passenger denied Chavez’s version of the events. Court filings also reflect that Chavez had a prior DUI conviction.

This case was investigated by the Federal Bureau of Investigation and Navajo Nation Department of Public Safety, and was prosecuted by Assistant United States Attorney Kyle T. N

Navajo Man Pleads Guilty to Federal DUI-Related Assault Offense

ALBUQUERQUE—This morning in federal court in Albuquerque, Diono H. Pete, 48, entered a guilty plea to a one-count indictment charging him with assault resulting in serious bodily injury under a plea agreement with the U.S. Attorney’s Office. At sentencing, which has yet to be scheduled, Pete faces up to 10 years’ imprisonment and a maximum $250,000 fine. Pete, an enrolled member of the Navajo Nation who resides in Fruitland, New Mexico, remains on conditions of release under pretrial supervise pending his sentencing hearing.

United States Attorney Kenneth J. Gonzales said that the charge against Pete arose out of a collision that occurred on the Navajo Reservation on the evening of October 10, 2010 when a motorcyclist was struck from behind by Pete’s vehicle. According to the criminal complaint filed in the case, when Pete’s vehicle collided with the motorcycle, the motorcyclist was thrown into the window of Pete’s vehicle and then rolled off the vehicle. The motorcyclist sustained multiple lacerations to the head and a spinal fracture. Investigation by the Navajo Nation Department of Public Safety (NNDPS) revealed no skid marks or other evidence of braking by Pete’s vehicle at the scene of the collision. The investigation also revealed that there was beer in Pete’s vehicle and that Pete had a blood alcohol content of .12 approximately two hours after the collision. During an interview on October 11, 2010, Pete admitted that he had consumed beer before the collision but felt okay to drive and was traveling at a speed of 60 miles per hour when the collision occurred.

In entering his plea, Pete admitted that he assaulted the motorcyclist by driving his vehicle while intoxicated and causing a collision between his vehicle and the motorcycle, and that the motorcyclist sustained serious bodily injury as a result of the collision.

The case was investigated by the NNDPS, Shiprock Division and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Kyle T. Nayback.