Rosebud Man Sentenced for Assaulting a Federal Officer

Pierre, South Dakota - In a recent development, Chief Judge Roberto A. Lange of the U.S. District Court sentenced Jeffery Yellow Hawk, a 34-year-old Rosebud man, for his conviction of Assaulting, Resisting, and Impeding a Federal Officer. The sentencing occurred on December 19, 2023, and delivered significant penalties.

Jeffery Yellow Hawk has been sentenced to 18 months in federal prison, followed by two years of supervised release. Additionally, he has been ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

This legal action stems from Yellow Hawk's indictment by a federal grand jury in July 2023, to which he pleaded guilty on October 23, 2023.

The incident leading to Yellow Hawk's conviction transpired on the evening of June 16, 2023, in the Rosebud area. Yellow Hawk was driving a motor vehicle and encountered a sobriety checkpoint. In an attempt to evade the checkpoint, he executed an illegal U-turn and fled the scene. Law enforcement officers from the Rosebud Sioux Tribe pursued Yellow Hawk to his residence.

Upon arriving at his residence, Yellow Hawk disregarded the commands of the pursuing officers and brought two firearms into his home. Subsequently, he brandished a loaded firearm at the officers. Yellow Hawk was eventually arrested after exiting his residence, and officers seized a loaded shotgun and a loaded rifle from his premises. As part of his sentence, Yellow Hawk will forfeit ownership of these firearms and ammunition.

The investigation into this case was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution was led by Assistant U.S. Attorney Kirk Albertson.

This case falls under the Project Safe Neighborhoods (PSN) program, a nationwide initiative aimed at reducing violent crime and gun violence. It brings together various law enforcement agencies and communities to enhance safety and prevent crime. The Department of Justice reinforced this strategy in May 2021, emphasizing core principles like fostering trust, supporting community-based organizations, setting strategic enforcement priorities, and measuring results.

Jeffery Yellow Hawk was immediately remanded to the custody of the U.S. Marshals Service.

Central Texas Man Sentenced to 20 Years in Prison for Possession of Child Sexual Abuse Material

WACO, Texas – A Gatesville man was sentenced in a federal court in Waco on Wednesday to 240 months in prison for possession of visual depictions of sexual activities by minors.

According to court documents, Christopher Dallas Nelson, 43, possessed and uploaded images of prepubescent minors under the age of 12 engaging in sexually explicit conduct to various social media platforms.

“The defendant in this case was dealt a significant and warranted prison sentence for his heinous actions,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Let this serve as a reminder and a warning to others that our society will not tolerate such vile abuse of vulnerable, innocent children.  Sexual predators like Nelson will face the full force of the law and the consequences will be severe.”

"The FBI is committed to protecting children from abuse and exploitation,” said Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Division “Thanks to the hard work of the Southern Texas Internet Crimes Against Children Task Force and the assistance our law enforcement partners, this individual is now off the streets."

The FBI and Temple Police Department investigated the case.

Assistant U.S. Attorney Gregory Gloff prosecuted the case.

Former Inmate, Correctional Officer Sentenced for Smuggling Heroin into FCC Petersburg

RICHMOND, VA—A former inmate and a correctional officer were sentenced this week for conspiring to smuggle heroin in the Federal Correctional Complex in Petersburg, Virginia.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; John S. Adams, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Richmond Division; and Gene E. Morrison, Special Agent in Charge of the Department of Justice Office of the Inspector General for the Washington Field Office, made the announcement after the sentencings by United States District Judge John A. Gibney.

Walter Brooks, 57, of Washington, D.C., was sentenced on September 10, 2012, to 20 years in prison following his conviction by a federal jury of conspiring to provide contraband to inmates, conspiracy to distribute heroin, five counts of providing contraband to inmates, and three counts of use of a communication facility to commit a felony.

Evidence at trial showed that beginning in 2008 and continuing until October 2011, Brooks conspired with Keif Jackson, 49, of Dumfries, and others to smuggle heroin into the Federal Correctional Complex in Petersburg. In 2008, Brooks was an inmate at FCC Petersburg when he recruited correctional officer Keif Jackson to smuggle heroin to him in the prison. At Brooks’ request, Jackson contacted acquaintances of Brooks and, on multiple occasions, met with them to obtain heroin. He then smuggled the drugs into the prison.

In October 2010, Brooks was released from FCC Petersburg. At that time, he began to supply heroin directly to Jackson to smuggle into the prison. Approximately one year later, on October 10, 2011, Jackson was stopped by law enforcement on his way to work. During a search of his vehicle, officers recovered a package containing heroin.

On March 26, 2012, Jackson entered a guilty plea to conspiracy to distribute heroin. He was sentenced on September 13, 2012, to 12 months in prison.

The case was investigated by the FBI’s Richmond Field Office and the United States Department of Justice Office of the Inspector General. Assistant United States Attorney Roderick C. Young prosecuted the case on behalf of the United States.

Firefighter Fatality

The U.S. Fire Administration (USFA) has received notice of the following firefighter fatality:

Name: Jimmy Randolph

Rank: Inmate Firefighter

Age: 44

Gender: Male

Status: Wildland Part-Time

Years of Service: Pending

Date of Incident: 08/18/2012

Time of Incident: Pending

Date of Death: 08/19/2012

Fire Department: California Department of Corrections

Address: 1515 S Street, Suite 502, South Sacramento, CA 95814

Fire Department Chief: Secretary Matthew Cate

Incident Description: Inmate Firefighter Randolph passed away at Desert Regional Hospital in Palm Springs, California from a cause still to be determined. Within 24 hours prior to becoming ill, Randolph had been assigned to the Buck Fire in Hemet, California.

Incident Location: Fenner Canyon Conservation Camp

Funeral Arrangements: Pending

Tribute is being paid to Inmate Firefighter Jimmy Randolph at http://www.usfa.fema.gov/fireservice/fatalities/

 

To date, 54 firefighter fatalities have been reported to USFA in 2012. Year-to-date monthly and annual USFA firefighter fatality reports are posted online @ http://www.usfa.fema.gov/fireservice/fatalities/statistics/ff_stats.shtm

Former Tioga County Corrections Lieutenant Pleads Guilty to Assaulting Inmate in 2010

Richard S. Hartunian, United States Attorney, Northern District of New York, announced that David Monell, age 52, of Apalachin, New York, entered a guilty plea today in U.S. District Court in Binghamton, New York, to a violation of Title 18 United States Code, Section 242 (deprivation of rights under color of law), admitting that he assaulted an inmate at the Tioga County Jail on June 21, 2010, thereby depriving the inmate of his constitutional rights.

Monell was employed as a corrections lieutenant at the Tioga County Jail at the time of the incident. Monell’s guilty plea relates to an incident that occurred on June 21, 2010, at the Tioga County Jail, in Owego, New York. Monell admitted by his plea that while employed as a corrections lieutenant, and while acting under color of law, he unlawfully assaulted and caused bodily injury to inmate David Coffey. By his plea, Monell admitted that his actions deprived Coffey of the right, protected by the Constitution and laws of the United States, to be free from the excessive use of force amounting to punishment.

The defendant entered his plea before Senior U.S. District Court Judge Thomas J. McAvoy. The offense carries a statutory maximum sentence of 10 years’ imprisonment, a fine of up to $250,000, a term of supervised released of up to three years, and a special assessment of $100. Sentencing is currently scheduled for December 18, 2012, in Binghamton, New York, and Monell was released on his own recognizance pending sentencing.

The indictment resulted from an investigation conducted by the Federal Bureau of Investigation and the Tioga County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Kevin P. Dooley of the Binghamton office, with assistance from the criminal section of the Civil Rights Division of the Department of Justice. Inquiries can be directed to AUSA Dooley at (607) 773-2887.

Defendant Sentenced for Attacking Prison Guard

Prisoner Tried to Strangle Guard with Handmade Rope

ATLANTA—A federal inmate who attacked and attempted to strangle a corrections officer at the U.S. Penitentiary in Atlanta because the officer was African-American was sentenced today by United States District Judge Thomas W. Thrash, Jr. to serve 20 additional years in federal prison. Morgan Siler, 28, of Portsmouth, Virginia, was convicted of these charges on June 1, 2012, after a trial.

“Corrections officers perform a dangerous job,” said U.S. Attorney Sally Quillian Yates. “Here, the defendant committed a premeditated and unprovoked attack on a corrections officer. His actions have earned him significantly more time in prison.”

Siler was sentenced to 20 years in prison, to be followed by three years of supervised release.

According to United States Attorney Yates, the charges, and other information presented in court: Morgan Siler was serving a federal sentence for committing a series of robberies of convenience stores in Virginia. Siler had been held in a federal prison in Florida and had been designated to another federal prison in Virginia. He arrived at the U.S. Penitentiary in Atlanta on May 22, 2008, and was housed there until he could be transported to Virginia. In the morning of June 2, 2008, a corrections officer was opening the prison cell doors to let the inmates out to get their breakfasts. After the officer opened Siler’s cell door, and he was moving toward the next cell door to unlock it, Siler came up from behind the officer, threw a handmade rope around the officer’s neck, and started to strangle him. The officer attempted to resist but was unsuccessful. After about 20 seconds, another corrections officer saw what was happening and ran to assist his fellow officer. Siler continued to attempt to strangle the corrections officer for an additional 15 seconds. Only then did Siler release his grip, and the officer was able to free himself from the rope. The evidence showed that Siler and the corrections officer had never met each other before and that Siler said that he was going to attack the first African-American guard that he saw that day. Siler is white, and the corrections officer is African-American. Siler would have been released from prison for his robberies in February 2014. The sentence imposed today will start to run at the conclusion of his robbery sentence.

This case was investigated by special agents of the Federal Bureau of Investigation.

Assistant United States Attorneys Paul R. Jones and Kim S. Dammers prosecuted the case.

For further information please contact the U.S. Attorney’s Public Information Office at USAGAN.Pressemails@usdoj.gov or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.

Oklahoma Inmate Sentenced for Conspiring with Jailer to Assault Another Inmate

WASHINGTON—Phillip Oliver, 46, an inmate at the Muskogee County Jail (MCJ) was sentenced today in U.S. District Court in Muskogee, Oklahoma, to one year and a day, followed by one year of supervised release, for one count of conspiracy related to the orchestrated beating of a fellow inmate at the behest of a jailer on duty.

“Excessive force by individuals sworn to uphold the law will not be tolerated,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue to investigate and prosecute criminal civil rights violations whether committed directly by the hands of law enforcement or by inmates at the behest of law enforcement.”

Oliver pleaded guilty earlier this year and in so doing admitted that on October 6, 2011, he conspired with a jailer on duty to violate the civil rights of the victim, a fellow inmate, by assaulting him. Specifically, Oliver and the jailer agreed to use physical violence to punish the victim because the victim, who was restrained in a separate cell, was making verbal comments. According to court documents, although Oliver was concerned about getting into trouble if he assaulted the victim, the jailer assured Oliver that he would cover for Oliver. Thereafter, the jailer remotely popped open the victim’s locked cell door so that Oliver could gain access. Oliver then punched the victim in the face, all at a time when the victim was not posing a threat to anyone.

This case was investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and was prosecuted by Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Ryan M. Roberts for the Eastern District of Oklahoma.

Former New Mexico Corrections Officer Pleads Guilty to Civil Rights Violations Of Inmate

WASHINGTON—Sylvester Bruce, 44, a former corrections officer with Navajo Nation’s Shiprock Detention Center (SDC) in Shiprock, New Mexico, pleaded guilty today in federal court on charges related to the sexual abuse of an inmate during the summer and fall of 2010. Specifically, Bruce pleaded guilty to one count of violating the civil rights of the victim when he touched her breasts against her will. Bruce also pleaded guilty to making material false statements to the FBI when he denied taking pictures of inmates inside the cells of the SDC.

According to court documents, while the victim was incarcerated at SDC, Bruce repeatedly placed his hands under the victim’s shirt and bra and grabbed her breasts, knowing that she did not consent to his actions. Bruce did so in areas of the jail that did not have surveillance cameras. Bruce further admitted that he lied to the FBI when he denied taking pictures of inmates in their cells, acknowledging that he had, in fact, photographed two female inmates asleep on a bed in their cell.

“Sexual assaults by corrections officers on those they are charged with keeping safe undermine the very foundation of our judicial system,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department will vigorously prosecute these crimes and work to vindicate the rights of the courageous victims who report them.”

Under the terms of the plea agreement, Bruce will be sentenced to a term of imprisonment of 12 months and a day. Bruce will also not be able to serve in a law enforcement capacity again and will submit to federal and state sex offender registration requirements.

“Our system of justice is clear and unequivocal—every law enforcement officer must follow the laws they are sworn to enforce. While the vast majority of officers perform their duties to protect the public with professionalism and integrity often under very dangerous conditions, there are an unscrupulous few who do not,” said Kenneth J. Gonzales, U.S. Attorney for the District of New Mexico. “Every person in lock-up, regardless of the charge or crime of conviction, is entitled to be safe and certainly should never be victimized by those responsible for guarding them. I commend the victim in this case for having the courage to step forward and assert her right to be free of sexual abuse and for trusting the Department of Justice to protect her.”

“The FBI, as the lead agency for enforcing federal civil rights laws, will continue to vigorously investigate and bring to justice corrections officers who betray the great trust placed in them when they abuse the individuals in their custody,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI. “I am proud of the fine work done by the FBI special agents in this case and would like to express my gratitude for the assistance of the U.S. Justice Department’s Civil Rights Division, the U.S. Attorney’s Office, and the Navajo Department of Criminal Investigations.”

This case was investigated by the Farmington Resident Agency of the Albuquerque Division of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety and was prosecuted by Assistant U.S. Attorney Mark Baker for the District of New Mexico and Fara Gold of the Justice Department’s Civil Rights Division.

Indictments Returned by Federal Grand Jury

CLARKSBURG, WV—Three individuals were named in indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on July 10, 2012.

United States Attorney William J. Ihlenfeld, II announced that:

Licurtis Whitney, age 35, an inmate at FCI-Morgantown and a former inmate at USP-Hazelton, was named in a three-count indictment charging him with violations while he was incarcerated at USP-Hazelton on September 10, 2011. Count one charges Whitney with assault of a correctional officer who was engaged in the performance of his official duties. Count two charges Whitney with obstruction of justice by concealing a cellular telephone and preventing said cellular telephone from being used as evidence in an investigation and prosecution of the possession of said cellular telephone. Count three charges Whitney with possession of a prohibited object (cell phone). If convicted, Whitney faces up to eight years’ imprisonment and a $250,000 fine as to count one; 20 years’ imprisonment and a $250,000 fine as to count two; and 12 months’ imprisonment and a $5,000 fine as to count three. The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.

David Van White, a/k/a David Van Applewhite, age 35, an inmate at the Bannum Place Hallway House, was named in a one-count indictment charging him with escape. On June 29, 2012, White left Bannum Place, where he was lawfully confined at the direction of the Attorney General and by virtue of a judgment and commitment order of the United States District Court for the Northern District of West Virginia, upon a conviction for the distribution of crack cocaine, without permission. If convicted, White faces up to five years’ imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the United States Marshals Service.

Randy Hamrick, age 46, of Clarksburg, West Virginia, was named in a one-count indictment charging him with possession of a firearm on April 1, 2012, after having been convicted in the United States District Court for the Northern District of Ohio for threats against the president and in the Court of Common Pleas of Lake County, Ohio, for aggravated assault with a physical harm specification. If convicted, Hamrick faces up to 10 years’ imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney Shawn A. Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

It should be noted that the charges contained in the indictment are merely accusations and not evidence of guilt and that each defendant is presumed innocent until and unless proven guilty.