WEEK OF DEC. 10, 2009
Attorney General Holder, Secretary Salazar Announce Settlement of Cobell Lawsuit on Indian Trust Management (AG)
On Dec. 8, 2009, Attorney General Eric Holder and Secretary of the Interior Ken Salazar announced a settlement of the long-running and highly contentious Cobell class-action lawsuit regarding the U.S. government’s trust management and accounting of over three hundred thousand individual American Indian trust accounts. Also speaking at the press conference today were Associate Attorney General Tom Perrelli and Deputy Secretary of the Interior David Hayes. Under the negotiated agreement, litigation will end regarding the Department of the Interior’s performance of an historical accounting for trust accounts maintained by the United States on behalf of more than 300,000 individual Indians. A fund totaling $1.4 billion will be distributed to class members to compensate them for their historical accounting claims, and to resolve potential claims that prior U.S. officials mismanaged the administration of trust assets.
http://www.justice.gov/opa/pr/2009/December/09-ag-1312.html
Wisconsin Man Indicted for Sexual Abuse of a Minor and Failure to Register as a Sex Offender (U.S. Attorney for the Eastern District of Wisconsin)
Michelle Jacobs, U.S. Attorney for the Eastern District of Wisconsin, announced on Dec. 9, 2009, that a federal grand jury has returned an indictment against Wayne Wheelock, of Neopit, Wisconsin, for allegedly engaging in a sexual act with a minor. Wheelock is alleged to be a repeat offender as he was convicted in August 1996 of engaging in a sexual act with a person physically incapable of declining.
http://www.justice.gov/usao/wie/press_releases/2009/pr12042009_Wheelock-Sexual_Assault_%20Offender.pdf
Eight Convicted on Drug Charges Following Investigation on the Menominee Indian Reservation (U.S. Attorney for the Eastern District of Wisconsin)
Michelle Jacobs, U.S. Attorney for the Eastern District of Wisconsin, announced on Dec. 9, 2009, that eight individuals have pleaded guilty in federal court to distributing controlled substances on the Menominee Indian Reservation. According to court records, Elissa R. Peters, Richard Schreiber, Jeffrey L. Silas, Jr., Joseph L. Sanapaw, III, Richard A. Dodge, II, and Joseph L. Sanapaw, Jr. pleaded guilty to distribution of marijuana. Robert R. James and Raymond A. Tourtillott pleaded guilty to distribution of cocaine.
http://www.justice.gov/usao/wie/press_releases/2009/pr12042009_Drug_Charges-Menominee_Reservation.pdf
Keshena Man Pleads Guilty to Assault of a Federal Officer (U.S. Attorney for the Eastern District of Wisconsin)
Michelle Jacobs, U.S. Attorney for the Eastern District of Wisconsin, announced on Dec. 9, 2009, that Martin Pamonicutt of Keshena, Wisc., pleaded guilty to assaulting a federal officer, a Sergeant employed by the Menominee Tribal Police Department. According to court documents and statements made in court, Pamonicutt kicked the Menominee Tribal Police Sergeant in the chin and also punched him and other tribal officers who arrived to assist. Pamonicutt’s sentencing is set for Feb. 19, 2010.
http://www.justice.gov/usao/wie/press_releases/2009/pr12042004_Resisting_Arrest-Pamonicutt.pdf
Member of the Cherokee Nation Pleads Guilty to Selling Bear Gall Bladders (Environment and Natural Resources Division)
Clement Calhoun of Cherokee, N.C., pleaded guilty today in U.S. District Court in Asheville, N.C., to federal charges for unlawfully trafficking in bear gall bladders, the Justice Department announced. Calhoun entered his guilty plea before U.S. Magistrate District Court Judge L. Dennis Howell to two misdemeanor charges under the Lacey Act. According to the documents filed with the court, Calhoun illegally sold 51 bear gall bladders off of the Cherokee Nation trust lands, beginning in January 2005 and continuing through September 2005.
http://www.justice.gov/opa/pr/2009/December/09-enrd-1313.html
South Dakota Man Pleads Guilty to Larceny (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Robert Leeds, age 35, of Pine Ridge, S.D., appeared before U.S. District Judge Richard H. Battey on Dec. 8, 2009, and pleaded guilty to an indictment that charged him with larceny, aiding and abetting. The maximum penalty upon conviction is five years imprisonment, three years supervised release, and a $100 special assessment. Leeds and two other individuals, Elmarie Tobacco Thunderhawk and Dana Lonehill, stole money and inventory from the Heritage Center, Red Cloud Indian School in excess of $1,000.
http://www.justice.gov/usao/sd/media_news/RC-12-08-09-Leeds.html
Man Pleads Guilty to Assault (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Robert Troy Janis, Jr., age 24, of Pine Ridge, S.D., appeared before U.S. District Judge Richard H. Battey on Dec. 8, 2009, and pleaded guilty to an indictment that charged him with assault resulting in serious bodily injury. The maximum penalty upon conviction is 10 years imprisonment, a $250,000 fine, or both. Janis assaulted another person by punching her in the face and head. As a result, she suffered three broken vertebrae/ribs and kidney damage from blood clotting.
http://www.justice.gov/usao/sd/media_news/RC-12-08-09-Janis.html
South Dakota Man Sentenced for Abusive Sexual Contact (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a Lower Brule man charged with abusive sexual contact was sentenced on Dec. 7, 2009, by U.S. District Judge William R. Wilson. Glen D. Eagle Thunder, age 35, was sentenced to 18 months in custody, eight years of supervised release and a $100 special assessment to the Victim Assistance Fund. Eagle Thunder pleaded guilty to abusive sexual contact on Aug. 13, 2009.
http://www.justice.gov/usao/sd/media_news/Pierre-12-08-09-Thunder.html
Man Pleads Guilty to Assault (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Ken Antonio Zuniga, age 24, of Rosebud, S.D., appeared before U.S. District Judge Roberto A. Lange on Dec. 7, 2009, and pleaded guilty to assault with a dangerous weapon and aiding and abetting. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; three years of supervised release; and a $100 assessment to the Victim Assistance Fund. Restitution may also be ordered. The defendant pled guilty to assaulting a man by kicking him with shod feet, a dangerous weapon, and assisting another person who was assaulting this man with the intent to do bodily injury to the victim.
http://www.justice.gov/usao/sd/media_news/Pierre-12-08-09-Zuniga.html
South Dakota Woman Sentenced for Arson (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a Rosebud, S.D., woman charged with arson was sentenced on Dec. 7, 2009, by U.S. District Judge William R. Wilson. Crystal Ann Roubideaux, aka Crystal Ann Provencial, age 34, was sentenced to 18 months in custody, three years of supervised release, $750 restitution and a $100 special assessment to the Victim Assistance Fund. Roubideaux was indicted for arson by a federal grand jury on March 18, 2009. On Jan. 11, 2009, Roubideaux willfully and maliciously set fire to and burned a dwelling in South Antelope, South Dakota. She pleaded guilty to the charge on Aug. 13, 2009.
http://www.justice.gov/usao/sd/media_news/Pierre-12-08-09-Roubideaux.html
Chinle Man Sentenced to Four Years for Assault (U.S. Attorney for the District of Arizona)
Faron Brown, 27, of Chinle, Ariz., was sentenced on Dec. 7, 2009, by U.S. District Judge Frederick J. Martone to 48 months in federal prison. Brown pleaded guilty on Aug. 26, 2009 to assault resulting in serious bodily injury. He assaulted a woman in April 2009, causing serious injury for which she required surgery.
http://www.justice.gov/usao/az/press_releases/index.html
McNary Man Sentenced to Three Years in Prison for Vehicular Manslaughter (U.S. Attorney for the District of Arizona)
Brandon Max Fischer, 22, of McNary, Ariz. was sentenced on Dec. 7, 2009, by U.S. District Judge Paul G. Rosenblatt to 34 months in federal prison followed by a six month placement in an inpatient alcohol rehabilitation program while on three years supervised release. Fischer pleaded guilty on Aug. 18, 2009, to involuntary manslaughter.
http://www.justice.gov/usao/az/press_releases/index.html
Man Pleads Guilty to Sexual Abuse of a Minor (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced Patrick Luke Black Spotted Horse, age 20, of Rosebud, S.D., appeared before U.S. District Judge Roberto A. Lange on Dec. 7, 2009, and pleaded guilty to sexual abuse of a minor. The maximum penalty upon conviction is 15 years imprisonment, a $250,000 fine, or both, and a period of supervised release of five years up to life. Additionally, a $100 assessment to the Victim Assistance Fund and restitution may be ordered.
http://www.justice.gov/usao/sd/media_news/RC-12-07-09-Horse.html
Grand Jury Returns Additional Indictments for Drug Trafficking on St. Croix Tribal Lands (U.S. Attorney for the Western District of Wisconsin)
Stephen P. Sinnott, Acting U.S. Attorney for the Western District of Wisconsin, announced on Dec. 7, 2009, that a federal grand jury sitting in Madison returned three indictments charging six individuals with drug trafficking on St. Croix Tribal Lands in northwestern Wisconsin. The first indictment charges John Carr, 28, Derrick Rapley, 31, and Broderick Swain, 33, all originally from Detroit, with conspiring to distribute crack cocaine, three counts of using a place on the St. Croix Reservation to distribute crack cocaine, three counts of distributing crack cocaine, one count of distributing cocaine, and one count of possessing crack cocaine with intent to distribute.
http://www.justice.gov/usao/wiw/Press/December%207,%202009%20-%20Six%20Indicted%20for%20Drug%20Trafficking%20on%20St.%20Croix%20Tribal%20Lands.pdf
Man Sentenced for Shooting in Indian Country (U.S. Attorney for the Northern District of Oklahoma)
Acting U.S. Attorney Thomas Scott Woodward announced that a 19 year-old man was sentenced in federal court on Dec. 4, 2009, for shooting a female acquaintance in the neck. Brandon Charles Tyler Hendricks, an Indian male from Locust Grove, Okla., was sentenced to 37 months prison for shooting the woman at a video game party at a mobile home near Locust Grove in Mayes County on May 30, 2009.
http://www.justice.gov/usao/okn/press/index.html
William Alvin Wick, Jr. Pleads Guilty in U.S. Federal Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Billings on Dec. 4, 2009, before Chief U.S. District Judge Richard F. Cebull, William Alvin Wick, Jr., a 28-year-old resident of Lame Deer, pleaded guilty to aggravated sexual abuse. Sentencing is set for March 11, 2010.
http://www.justice.gov/usao/mt/pressreleases/20091207094623.html
Three Enrolled Members of the Eastern Band of Cherokee Indians Sentenced to Terms of Federal Imprisonment in Connection With November 2008 Murder (United States Attorney for the Western District of North Carolina)
Defendants Danielle Victoria Bigwitch, 21, of Cherokee; Dwayne Mitchell Littlejohn, 30, of Cherokee; and Daniel Lee Reed, 35, of Sylva, were sentenced in U.S. District Court on Dec. 4, 2009, for their roles in a murder, which occurred on the Cherokee Indian Reservation on Nov. 7, 2008. Danielle Bigwitch and Dwayne Littlejohn each pleaded guilty to one count of second degree murder, and Daniel Reed pled guilty to voluntary manslaughter. Danielle Victoria Bigwitch, also known as “Vicci,” received a 16-year term of imprisonment, to be followed by a five-year term of supervised release.
http://www.justice.gov/usao/ncw/press/bigwitch.html
Tribal Member Sentenced to Prison for Sexual Abuse of a Child (U.S. Attorney for the Western District of Washington)
Thomas Lee Peters, 47, an enrolled member of the Tlingit and Haida Indian Tribes of Alaska, was sentenced on Dec. 4, 2009, in U.S. District Court in Seattle to five years in prison and ten years of supervised release for three counts of sexual abuse of a minor. Peters molested a young relative while residing on the Swinomish Indian Reservation in Western Washington.
http://www.justice.gov/usao/waw/press/2009/dec/peters.html
Red Lake Woman Convicted of Murder, Assault (U.S. Attorney for the District of Minnesota)
On Dec. 4, 2009, a federal trial jury in Minneapolis convicted a young adult woman from the Red Lake Indian Reservation of murdering a 14-year-old boy and assaulting a 17-year-old boy with a knife. Patricia Ann Brown was specifically found guilty of one count of murder and one count of assault with a dangerous weapon. Brown was found not guilty on a separate count of assault with a dangerous weapon alleged to have been committed on a third juvenile male. Brown was indicted on May 20, 2009. Brown faces a sentence of 30 years to life for the murder conviction and a mandatory minimum of 10 years in prison for the assault.
http://www.justice.gov/usao/mn/major/major0466.pdf
Terrena Lynn Blackman Pleads Guilty In U.S. Federal Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Great Falls on Dec. 3, 2009, before U.S. Magistrate Judge Keith Strong, Terrena Lynn Blackman, a 25-year-old resident of Browning, Mont., pleaded guilty to theft from a health care facility. Sentencing is set for March 15, 2010.
http://www.justice.gov/usao/mt/pressreleases/20091203160621.html
Erick Thomas Red Dog Pleads Guilty in U.S. Federal Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Great Falls on Dec. 3, 2009, before U.S. Magistrate Judge Keith Strong, Erick Thomas Red Dog, a 38-year-old resident of Wolf Point, Mont., pleaded guilty to being a felon-in-possession of a firearm. Sentencing is set for March 15, 2010.
http://www.justice.gov/usao/mt/pressreleases/20091203151024.html
U.S. Attorney Mercer Encourages Victims of Federal Crimes Committed on Tribal Land to Submit Indian Country Case Tracker Forms (U.S. Attorney for the District of Montana)
U.S. Attorney Bill Mercer announced on Dec. 3, 2009, that effective immediately he would accept federal crimes on Indian Country Federal Crime Case Tracker forms directly from crime victims on Montana’s reservations. The case tracker system was implemented in October 2008 in order for tribal government officials to provide prompt disclosure of criminal activity in violation of federal law directly to the U.S. Attorney.
http://www.justice.gov/usao/mt/pressreleases/20091203140643.html
Matthew Paul Loves Him Pleads Guilty in U.S. Federal Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Great Falls on Dec. 2, 2009, before U.S. District Judge Sam E. Haddon, Matthew Paul Loves Him, a 30-year-old resident of Poplar, Mont., pleaded guilty to sexual abuse. Sentencing is set for March 8, 2010.
http://www.justice.gov/usao/mt/pressreleases/20091202163255.html
Isaiah Thomas Follet Sentenced in U.S. District Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Billings, on Dec. 2, 2009, before Chief U.S. District Judge Richard F. Cebull, Isaiah Thomas Follet, a 27-year-old resident of Wolf Point, Mont., was sentenced to a term of 60 months in prison followed by a lifetime of supervised release. Follet was sentenced in connection with his guilty plea to failure to register as a sexual offender.
http://www.justice.gov/usao/mt/pressreleases/20091202161828.html
Lower Brule Man Pleads Guilty to Assaulting Officer (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that William Edwards, age 20, of Lower Brule, S.D., appeared before U.S. District Judge Roberto A. Lange on Dec. 2, 2009, and pleaded guilty to an indictment that charged him with assaulting, resisting, or impeding a federal officer. The maximum penalty upon conviction is eight years imprisonment, a $250,000 fine, or both, three years of supervised release, and a special assessment of $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/media_news/Pierre-12-02-09-Edwards.html
South Dakota Man Sentenced for Failing to Register as a Sex Offender (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with failure to register as a sex offender was sentenced on Dec. 1, 2009, by U.S. District Judge Richard H. Battey. Fabian Comes Flying, age 42, of Eagle Butte, S.D., was sentenced to 24 months imprisonment, five years supervised release, and ordered to pay $100 to the Victim Assistance Fund. Comes Flying was indicted by a federal grand jury on Jan. 21, 2009, and on Sept. 15, 2009, he pleaded guilty to failure to register. Comes Flying was convicted of aggravated sexual abuse in 1987 and thereafter required to register as a sex offender. He subsequently failed to maintain his registration with the State Sex Offender Registry.
http://www.justice.gov/usao/sd/media_news/RC-12-07-09-Flying.html
U.S. Attorney Announces Key Leadership Positions to Serve in Indian Country Roles (U.S. Attorney for the District of Arizona)
Dennis K. Burke, U.S. Attorney for the District of Arizona and a member of the Department of Justice Native American Issues Subcommittee, has pledged the commitment of the U.S. Attorney’s Office to bring about meaningful change in public safety on tribal lands in Arizona. In bringing this change, he announced on Dec. 1, 2009, the appointment of experienced prosecutors to fill key leadership roles in Indian Country areas. This leadership team couples vast Indian Country and prosecutorial experience and is committed to working with tribal nations to improve law enforcement and public safety in each of the 21 tribal communities in Arizona.
http://www.justice.gov/usao/az/press_releases/2009/2009-374(Indian%20Country).pdf
Tribal Leader in Arizona Sentenced for Theft of $300,000 in Tribal Funds (U.S. Attorney for the District of Arizona)
Evelyn James, 54, of Tuba City, Ariz., and a Tribal Council member of the San Juan Southern Paiute Tribe in Arizona, was sentenced on Dec. 1, 2009, by U.S. District Judge Frederick J. Martone to 24 months in federal prison and fined $75,000 for making false statements, theft from a tribal government receiving federal funds and money laundering. In pleading guilty, she admitted to stealing almost $300,000 in tribal funds. James must self-surrender by Jan. 15, 2010, to begin serving her sentence.
http://www.justice.gov/usao/az/press_releases/2009/2009-375(James).pdf
Lummi Tribal Member Sentenced to Three Years in Prison for Burglary (U.S. Attorney for the Western District of Washington)
Joseph L. Torres, 30, an enrolled member of the Lummi Indian Tribe in Northwest Washington, was sentenced on Nov. 30, 2009, in U.S. District Court in Seattle to three years in prison and four years of supervised release for burglary. Torres was arrested in December 2008, after he went to a home on the Lummi reservation and accused the residents of stealing a television from his family.
http://www.justice.gov/usao/waw/press/2009/nov/torres.html
Two Men Sentenced for Larceny Charges (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that two men charged with larceny and aiding and abetting were sentenced on Nov. 30, 2009, by Chief U.S. District Judge Karen E. Schreier. Arthur Ruff, age 55, of Kyle, S.D., was sentenced to five years probation and four months home confinement. Richard Swain, age 53, of Manderson, S.D., was sentenced to five years probation and six months home confinement. Restitution in the amount of $6,458.61 was ordered to be paid, joint and several, and each defendant was ordered to pay $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/media_news/RC-12-02-09-Swain.html
Kyle Man Pleads Guilty to Assaulting, Resulting, or Impeding a Federal Officer (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Mark Hopkins, age 23, of Kyle, S.D., appeared before Chief U.S. District Judge Karen E. Schreier on Nov. 30, 2009, and pleaded guilty to an indictment that charged him with assaulting, resulting, or impeding a Federal Officer. The maximum penalty upon conviction is eight years imprisonment, a $250,000 fine, or both. On April 26, 2008, Hopkins used his vehicle to ram into a BIA police officer's vehicle when the officer tried to stop Hopkins’ careless and reckless driving.
http://www.justice.gov/usao/sd/media_news/RC-12-02-09-Hopkins.html
Fort Yates Man Sentenced for Involuntary Manslaughter (U.S. Attorney for the District of North Dakota)
Acting U.S. Attorney Lynn Jordheim announced that on Nov. 30, 2009, Matthew J. Penny, 22, of Fort Yates, N.D., was sentenced before U.S. District Court Judge Daniel L. Hovland on two counts of involuntary manslaughter and two counts of assault resulting in serious bodily injury. Penny pleaded guilty to the charges on Aug. 12, 2009. Judge Hovland sentenced Penny to serve five years and 11 months in federal prison, to be followed by three years of supervised release.
http://www.justice.gov/usao/nd/pressreleases/press2009.html
Conviction Against Sex Offender Who Failed to Register (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with failure to register as a sex offender was sentenced on Nov. 30, 2009, by Chief U.S. District Judge Karen E. Schreier. Eugene Webster Makesgood, age 45, was sentenced to 18 months imprisonment, 10 years supervised release and ordered to pay $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/media_news/RC-12-02-09-Makesgood.html
Marty Dee Heavy Runner Sentenced in U.S. District Court (U.S. Attorney for the District of Montana)
Bill Mercer, U.S. Attorney for the District of Montana, announced that during a federal court session in Great Falls, on Nov. 30, 2009, before U.S. District Judge Sam E. Haddon, Marty Dee Heavy Runner, a 36-year-old resident of Browning, Mont., was sentenced to a term of 12 months in prison followed by three years of supervised release. Heavy Runner was sentenced in connection with his guilty plea to theft from an Indian tribal organization.
http://www.justice.gov/usao/mt/pressreleases/20091201141306.html
South Dakota Man Charged With Abusive Sexual Contact (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a Pine Ridge, S.D., man charged with abusive sexual contact was sentenced on Nov. 30, 2009, by Chief U.S. District Judge Karen E. Schreier. Richard Smallwood, aka Richard James Left Hand Bull, age 48, was sentenced to 36 months imprisonment, one year supervised release, and a $100 victim assessment.
http://www.justice.gov/usao/sd/media_news/RC-12-01-09-Smallwood.html
Man Sentenced for Assault of a Federal Officer (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a McLaughlin, S.D., man charged with assault on a federal officer was sentenced on Nov. 30, 2009, by Chief U.S. District Judge Karen E. Schreier. Patrick White Mountain, age 29, was sentenced to 24 months imprisonment, three years supervised release, and a $100 victim assessment. White Mountain was indicted by a federal grand jury on May 22, 2008. On Oct. 1, 2007, White Mountain, during a traffic stop in Badlands National Park, failed to restrain his dogs, one of which attacked a U.S. Park Ranger.
http://www.justice.gov/usao/sd/media_news/RC-12-01-09-Mountain.html
Man Sentenced for Mailing Threatening Communications (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with mailing threatening communications was sentenced on Nov. 30, 2009, by Chief U.S. District Judge Karen E. Schreier. Lyle Brave Heart, age 58, of Porcupine, S.D., was sentenced to 57 months imprisonment, three years supervised release, and ordered to pay $100 to the Victim Assistance Fund. Brave Heart was originally indicted for mailing threatening communications to a woman living on the Pine Ridge Indian Reservation. He pleaded guilty to the charge on Sept. 2, 2009, admitting to mailing a letter which explicitly threatened to inflict physical harm by beating and killing the victim.
http://www.justice.gov/usao/sd/media_news/RC-12-07-09-Heart.html