Mobridge Man Sentenced to 151 Months in Meth Conspiracy

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota man charged with cto distribute and possess with intent to distribute a controlled substance by a federal grand jury was sentenced on September 17, 2012, by United States District Judge Charles B. Kornmann. Tim Stout was sentenced to 151 months in custody, three years of supervised release, and $100 special assessment to the Victim Assistance Fund.

The conviction arose from incidents that occurred between October 1 and December 28, 2011, when Stout and other co-defendants possessed and distributed methamphetamine as part of a drug trafficking conspiracy. Based on his role in the conspiracy, Stout’s drug quantity was at least 40, but less than 50, grams of methamphetamine.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant United States Attorney Jay Miller prosecuted the case.

Cherry Creek Man Sentenced for Assault

Brendan V. Johnson announced that a Cherry Creek, South Dakota man charged with assault resulting in serious bodily injury and assault with a dangerous weapon was sentenced on September 14, 2012, by United States District Judge Roberto A. Lange. Jody Jeremy Dupris, age 32, was sentenced to 99 months in custody, three years of supervised release, and a $200 special assessment to the Victim Assistance Fund.

Dupris was indicted by a federal grand jury in two separate cases in regard to several felony assaults—the first on November 8, 2011, and the second on February 14, 2012. As part of a joint plea agreement, Dupris pled guilty to two of the felony assaults. The assault resulting in serious bodily injury stems from an August 14, 2010, incident when Dupris severely assaulted and injured a male victim; and the second assault with a dangerous weapon incident occurred on May 27, 2011, when Dupris ran a vehicle he was driving into a van driven by a female. Both assaults occurred in Cherry Creek, South Dakota.

The Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division conducted the investigation. Assistant United States Attorney Mikal Hanson prosecuted the case.

Dupris was remanded to the custody of the United States Marshals Service.

Agency Village Man Charged with Kidnapping and Assault

U.S. Attorney Brendan V. Johnson announced that an Agency Village, South Dakota man has been indicted by a federal grand jury for kidnapping.

Justin Lee Muskrat, age 26, was indicted by a federal grand jury on June 5, 2012, for kidnapping and assault with a dangerous weapon. He appeared before U.S. Magistrate Judge William D. Gerdes on August 24, 2012, and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in prison and a $250,000 fine. The charges are merely accusations, and Muskrat is presumed innocent until and unless proven guilty.

The investigation is being conducted by Sisseton-Wahpeton Law Enforcement and the FBI. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Muskrat was remanded to the custody of the U.S. Marshals Service. A trial date has been set for October 30, 2012.

St. Francis Man Arraigned on Charges of Involuntary Manslaughter and Child Abuse

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury for involuntary manslaughter and child abuse.

Dino Dean Kane, age 22, was indicted by a federal grand jury on August 22, 2012. He appeared before United States Magistrate Judge Mark A. Moreno on August 23, 2012, and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, a $250,000 fine, or both.

The charges are merely accusations, and Kane 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. Assistant United States Attorney Tim Maher is prosecuting the case.

Kane was remanded to the custody of the United States Marshals Service pending trial. A trial date has not been set.

St. Francis Woman Pleads Guilty to Concealing Person from Arrest

United States Attorney Brendan V. Johnson announced that Jamie Iron Shell, age 26, of St. Francis, South Dakota, appeared before United States District Judge Roberto A. Lange on August 20, 2012, and pled guilty to concealing person from arrest. The maximum penalty upon conviction is one year in custody, a $100,000 fine, or both.

The conviction stems from an incident that took place on March 30, 2012, when federal agents arrived at Iron Shell’s residence to serve an arrest warrant on an individual. Iron Shell told the agents that individual had departed her residence when in fact he was actually inside her residence.

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, and a sentencing date was set for November 6, 2012. The defendant was remanded to the custody of the United States Marshals Service pending sentencing.

Sioux Falls Man Pleads Guilty to Federal Charges Related to December 2011 Lennox Pharmacy Burglary and High-Speed Chase

U.S. Attorney Brendan V. Johnson announced that John Robert Graham, age 25, of Sioux Falls, appeared before Chief U.S. District Judge Karen E. Schreier on August 16, 2012, and pled guilty to counts one and two of the indictment that charged him with burglary involving controlled substances and possession of firearm in relation to a crime of violence. The maximum penalty upon conviction of the burglary count is 25 years in prison, a $250,000 fine, or both. Count two carries a consecutive mandatory minimum of 10 years and a maximum of life in prison.

On December 23, 2011, Graham attempted to burglarize a Lewis Drug Pharmacy in Lennox in an effort to steal controlled substances. Graham broke into a structure that contained multiple businesses and mistakenly entered a neighboring business instead of the Lewis Drug Pharmacy. Local police were alerted when Graham triggered a silent alarm, and the Lennox chief of police arrived to investigate while Graham was still in the building. Upon seeing the police chief arrive, Graham discharged a firearm to break out a window so he could escape. He then ran out of the building, brandishing the firearm in the direction of the pursuing officer. Graham stole a vehicle that was parked nearby, and he led numerous pursuing officers on a high-speed chase that included open fields, Interstate 29, and numerous side streets. Ultimately, the chase ended in Sioux Falls at the intersection of West 12th Street and Petro Avenue, when Graham was stopped after colliding the stolen vehicle with a highway patrol cruiser.

“This man’s hunger for prescription drugs put many lives in danger that morning,” U.S. Attorney Johnson said. “Thankfully, no one was seriously injured. His prosecution has been a true cooperation between many state and federal agencies, and Graham now faces significant punishment for two very serious federal felonies.”

The investigation was conducted by the Lincoln County Sheriff’s Department, Lennox Police Department, Federal Bureau of Investigation, Minnehaha County Sheriff’s Department, Tea Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the Minnesota Bureau of Criminal Apprehension. The case is being prosecuted by Assistant U.S. Attorney Kevin Koliner.

A pre-sentence investigation was ordered, and a sentencing date was set for November 5, 2012. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.