Tribal Justice News - October 24, 2011

Browning Man Pleads Guilty to Assault Resulting in Serious Bodily Injury (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that during a federal court session in Great Falls, Mont., on Oct. 20, 2011, Christopher Max Dawes, 33, of Browning, Mont., pleaded guilty to assault resulting in serious bodily injury. On April 24, 2011, the victim, Dawes, and their two young children were at the Medicine Bear Shelter. Dawes assaulted the victim, resulting in a broken jaw. The offense occurred at the Medicine Bear Shelter on the Blackfeet Indian Reservation. Sentencing has been set for Jan. 26, 2012. Dawes faces possible penalties of 10 years in prison and a $250,000 fine.

Former Coordinator of Spirit Lake Low-Income Home Energy Assistance Program Convicted of Embezzlement (U.S. Attorney for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced today that on Oct. 20, 2011, Patricia Robertson, a/k/a Patricia Cavanaugh, of St. Michael, N.D., was found guilty by a federal jury of embezzlement from the Spirit Lake Tribe’s Low Income Home Energy Assistance Program (LIHEAP). Robertson, 53, St. Michael, N.D., is the former coordinator for the LIHEAP for the Spirit Lake Tribe. Robertson was found guilty of misapplying funds belonging to the LIHEAP. The jury found that while Robertson was the program coordinator, she approved applications for heating assistance to her own household in the names of her children which did not include Robertson’s name or income into the household calculation for benefits. The offense occurred for the terms of fiscal years 2007 through 2011. The statutory maximum sentence for embezzlement from an Indian tribal organization is five years in prison.

Frazer Man Found Guilty of Assault Robin Roy Martell Found Guilty of Assault with the Intent to Commit Murder (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that on Oct. 19, 2011, in Great Falls, after a federal district court trial before U.S. District Judge Sam E. Haddon, Robin Roy Martell, 35, of Frazer, Mont., was found guilty of assault with the intent to commit murder, assault resulting in serious bodily injury, and assault with a dangerous weapon. Sentencing is set for Jan. 12, 2012. He is currently detained. Starting on Aug. 4, 2010 and into the early morning hours of Aug. 5, 2010, according to evidence and testimony in court, Martell assaulted his victim with the intent to murder her, including knocking her teeth out with a three foot metal pipe, and causing other significant injuries. Martell faces possible penalties of 30 years in prison, and a $250,000 fine.

Box Elder Man Pleads Guilty to Assault with a Dangerous Weapon (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that on Oct. 20, 2011, Thompson Densmore St. Pierre, 21, of Box Elder, Mont., pleaded guilty to assault with a dangerous weapon on the Rocky Boy’s Indian Reservation. Sentencing has been set for Jan. 26, 2012. He is currently detained. In an Offer of Proof filed by Assistant U.S. Attorney Michael T. Wolfe, the government stated it would have proved at trial that on June 19, 2010, the victim was awoken in his room, attacked, stabbed and beaten severely by several assailants, including St. Pierre.

Antelope Woman Pleads Guilty to Larceny (U.S. Attorney for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that Laverne White Horse, 22, of Antelope, S.D., appeared before U.S. District Judge Roberto A. Lange on Oct. 19, 2011. White Horse pled guilty to Larceny. The maximum penalty upon conviction is 5 years' imprisonment, a $250,000 fine, or both. The charge stems from an incident that took place on Jan. 14, 2009, in Mission when White Horse and his co-defendant saw a car with the keys inside and decided to take the car.

http://www.justice.gov/usao/sd/pressreleases/Pierre-2011-10-19-White%20Horse.html

Roswell Man Pleads Guilty To Federal Firearm Charge (U.S. Attorney for the District of New Mexico)

U.S. Attorney Kenneth J. Gonzales announced that Francisco Mejia, 40, of Roswell, N.M., pleaded guilty Oct. 20 in federal court in Las Cruces to an information charging him with being a felon in possession of a firearm At sentencing, Mejia faces up to 10 years in prison, a $250,000 fine and a three-year term of supervised release. According to the criminal complaint, on June 11, 2011, Roswell police officers responded to a domestic disturbance call at Mejia’s Roswell residence. According to the complaint, Mejia told the officers that there was a firearm in a closet near the living room. Inside the closet, officers found a 9 mm pistol. As part of his plea, Mejia has agreed not to associate with any motorcycle gang, including the “Bandidos,” while he is on supervised release. Mejia was prohibited from possessing a firearm because he has a prior felony conviction for possession of cocaine base (crack) in the Fifth Judicial District Court (Chaves County).

Mission Man Pleads Guilty to Third Degree Burglary and Aiding and Abetting

Anthony Wayne Kitteaux (U.S. Attorney for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that Anthony Wayne Kitteaux, 19, of Mission, S.D., appeared in federal court on Oct. 20, 2011, and pleaded guilty to Third Degree Burglary and Aiding and Abetting. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine, or both. On May 30, 2011, Kitteaux broke into the Subway restaurant in Mission. Kitteaux and his co-defendant were involved in taking drinks, food, chips, and U.S. currency or coins from the Subway restaurant. A sentencing date was set for Jan. 11, 2012. The defendant was released on bond pending sentencing.

Northern Arapaho Men Indicted for Assault with a Dangerous Weapon, Arson, Burglary and Aiding and Abetting (U.S. Attorney for the District of Wyoming)

U.S. Attorney Christopher A. Crofts announced that Norman Ybarra and Lamar Duran, of the Wind River Reservation appeared in federal court on Oct. 18, 2011, after having been indicted on federal charges. Specifically, the Sept. 22, 2011, indictment alleges that the defendants committed an assault with a dangerous weapon and aided and abetted each other in the assault; that they then committed an arson of the Arapahoe Baptist Church and aided and abetted each other; and that they committed a burglary of the Arapahoe Baptist Church and aided and abetted each other.

Montana Man Sentenced in Connection to the Sexual Exploitation of Children (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that during a federal court session in Billings, on Oct.19, 2011, before Senior U.S. District Judge Jack D. Shanstrom, Gilbert George Walks, Jr., 48, of the Crow Agency, appeared for sentencing. Walks was sentenced to a term of 180 months in prison with supervised release for life in connection with his guilty plea to sexual exploitation of children and being a felon-in-possession of ammunition.

Lyle Lamar Takes Gun Sentenced In Connection to Assault (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that during a federal court session in Billings, on Oct. 19, 2011, before Senior U.S. District Judge Jack D. Shanstrom, Lyle Lamar Takes Gun, a 34-year-old resident of Lodge Grass, appeared for sentencing. Takes Gun was sentenced to a term of 36 months with a supervised release of 3 years. Takes Gun was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.

Red Lake Man Indicted for Aggravated Sexual Abuse (U.S. Attorney for the District of Minnesota)

U.S. Attorney for the District of Minnesota announced that a 60-year-old Red Lake man was indicted for aggravated sexual abuse of an adult woman while on the Red Lake Indian Reservation. John David Neadeau was charged with one count of aggravated sexual abuse. The indictment alleges that on Sept. 25, 2011, Neadeau engaged in a sexual act with force against the victim. If convicted, Neadeau faces a potential maximum penalty of life in prison.

http://www.fbi.gov/minneapolis/press-releases/2011/red-lake-man-indicted-for-aggravated-sexual-abuse

Dupree Woman Sentenced for Attempting to Illegally Acquire Hydrocodone (U.S. Attorney for the District of North Dakota)

U.S. Attorney Brendan V. Johnson announced that a Dupree woman charged with Attempted Acquisition of a Controlled Substance was sentenced on Oct. 18, 2011, by U.S. District Judge Roberto A. Lange. Carlynn Clown, age 28, was sentenced to 134 days in custody, 1 year of supervised release, and a $100 special assessment to the Victim Assistance Fund. Clown was indicted by a federal grand jury on Mar. 8, 2011. The conviction came out of incidents between Aug. 14 and Aug. 16, 2010, when Clown knowingly and intentionally attempted to acquire and obtain possession of a controlled substance, hydrocodone, by misrepresentation, fraud, forgery, deception, and subterfuge.

http://www.justice.gov/usao/sd/pressreleases/Pierre-2011-10-18-Clown.html

Lower Brule Man Sentenced on Assault Charge (U.S. Attorney for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that a Lower Brule man charged with Assaulting a Federal Officer was sentenced on October 17, 2011, by U.S. District Judge Roberto A. Lange. James C. LaRoche, age 37, was sentenced to 21 months in custody and 3 years of supervised release. LaRoche was indicted by a federal grand jury in May 2011. The charge stems from an incident in April 2011 when LaRoche was being arrested on tribal domestic violence charges and refused to comply with the arresting officers. LaRoche struggled while two law enforcement officers attempted to place him in a police car. One officer attempted to pull LaRoche into the car. LaRoche kicked backwards, striking the other officer in the chest.

Fort Yates Man Sentenced for Assault on Federal Officer (U.S. Attorney for the District of North Dakota)

U.S. Attorney Timothy Q. Purdon announced that on Oct. 17, 2011, Tator Bendickson-Claymore, 26, of Fort Yates, N.D., pleaded guilty and was sentenced for assaulting and resisting a federal officer. Bendickson-Claymore was sentenced to three years of probation and ordered a $100 special assessment to the Crime Victim’s Fund. Bendickson-Claymore is currently serving a two-year jail sentence on tribal court charges related to this same

conduct. Bendickson-Claymore was taken into custody and while in jail and being booked, he became aggressive and assaulted a BIA officer who was attempting to subdue him. He pushed the BIA officer into a wall, grabbed him around the neck and started to choke him before he was subdued.

http://www.justice.gov/usao/nd/pressreleases/press2011.html

Cannon Ball Man Sentenced for Sexual Abuse of a Minor (U.S. Attorney for the District of North Dakota)

U.S. Attorney Timothy Q. Purdon announced that on Oct. 17, 2011, Richard C. Black Cloud, 22, Cannon Ball, N.D., was sentenced on a charge of sexual abuse of a minor. Black Cloud pleaded guilty to a charge on Jul. 20, 2011. Black Cloud was sentenced to one year and six months in federal prison, to be followed by five years of supervised release. Black Cloud was ordered to pay a $100 special assessment to the Crime Victim’s Fund. Black Cloud must register as a sex offender. Black Cloud admitted to engaging in a sexual act with a juvenile sometime

between May 2009 through Aug. 2009 on the Standing Rock Indian Reservation

Warm Springs Man Arraigned on Sex Abuse Charges (U.S. Attorney for the District of Oregon)

U.S. Attorney Amanda Marshall announced that on Oct. 17, 2011, Harry Hintsala, 61, of Warm Springs, appeared in federal court in Portland for his arraignment on an eight-count indictment charging aggravated sexual abuse and abusive sexual contact of minors. The crimes of aggravated sexual abuse and abusive sexual contact carry maximum penalties of life in prison and fines of $250,000. The defendant was released to a halfway house in the Portland area pending trial. Hintsala is charged with sexually abused five girls under 12 years old on the Warm Springs Indian Reservation. According to the prosecutor’s statements in court, Hintsala previously worked as a Warm Springs police officer, a supervisor at Warm Springs Children Protective Services, and as a teacher at Head Start. All of the alleged abuse occurred after Hintsala had retired from those public positions.

http://www.fbi.gov/portland/press-releases/2011/warm-springs-man-arraigned-on-sex-abuse-charges

Wanblee Man Pleads to Possessing Marijuana with the Intent to Distribute (U.S. Attorney’s Office for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that Keith Brown, age 30, of Wanblee, appeared before U.S. District Judge Jeffrey L. Viken on Oct. 14, 2011, and pled guilty to Count 1 of an indictment that charged him with Possession with Intent to Distribute a Controlled Substance. The maximum penalty upon conviction is 5 years imprisonment and/or a $250,000 fine. In May 2010, after a traffic stop conducted by the Oglala Sioux Tribal Police, Brown was found to be in possession of marijuana, which he intended to distribute.

http://www.justice.gov/usao/sd/pressreleases/RC-2011-10-14-Brown.html

Former Lt. Governor of the Pueblo De San Ildefonso Sentenced to 33 Months for Illegally Trafficking in Contraband Cigarettes (U.S. Attorney for the District of New Mexico)

U.S. Attorney Kenneth J. Gonzales announced that on Oct. 14, 2011, in Albuquerque federal court, Paul D. Rainbird, 58, a member of the Pueblo de San Ildefonso, was sentenced to a 33-month term of imprisonment to be followed by three years of supervised release based on his conviction for illegally trafficking in contraband cigarettes and related offenses. Rainbird was ordered to pay $60,000.00 in restitution to the Pueblo de San Ildefonso and $34,500 in restitution to the N.M. Taxation and Revenue Department.

Navajo Man to Serve 27 Months in Prison for Federal DUI-Related Assault Conviction (U.S. Attorney’s Office for the District of New Mexico)

U.S. Attorney Kenneth J. Gonzales announced that Diono H. Pete, 48, was sentenced to a 27-month term of imprisonment for his assault resulting in serious bodily injury conviction. Pete will be on supervised release for two years after he completes his prison sentence. Pete, an enrolled member of the Navajo Nation, had been on conditions of release since his arrest on Oct. 13, 2010. He was remanded into the custody of the U.S. Marshal’s Service at the conclusion of his sentencing hearing.

Navajo Man Plead Guilty to Federal Assault Charge ( U.S. Attorney for the District of New Mexico)

U. S. Attorney for the District of N.M. announced that Ervin Yazzie, 33, pled guilty to an assault resulting in serious bodily injury charge in Albuquerque federal court this morning. At sentencing, Yazzie faces a maximum penalty of ten years imprisonment to be followed by not more than three years of supervised release. Yazzie, an enrolled member of the Navajo Nation, has been in federal custody since his arrest on May 3, 2011. He remains detained pending his sentencing hearing, which has yet to be scheduled.

Marcus Gerald Fast Horse Sentenced in U.S. District Court (U.S. Attorney for the District of Montana)

The U.S. Attorney’s Office announced that during a federal court session in Great Falls, on Oct. 19, 2011, Marcus Gerald Fast Horse, a 20-year-old resident of Poplar, plead guilty to conspiracy to commit burglary and burglary on the Fort Peck Indian Reservation. Fast Horse was sentenced to 24 months in prison and three years supervised release.

St. Michael Man Sentenced for Burglary of a Post Office (U.S. Attorney for the District of North Dakota)

U.S. Attorney Timothy Q. Purdon announced that on Oct. 18, 2011, Kalum Joshua Yankton of St. Michael, North Dakota, was sentenced on charges of burglary of a post office and conspiracy to convert stolen money orders. Yankton, 30, pleaded guilty on July 26, 2011, to breaking into the St. Michael Post Office and stealing money orders. The incident occurred in May of 2010 on the Spirit Lake Indian Reservation. Judge Erickson sentenced Yankton to 18 months’ imprisonment to be followed by three years of supervised release.

Mission Woman Sentenced for Escape (U.S. Attorney for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that a Mission woman charged with Escape was sentenced on Oct. 19, 2011. Lori Little Bear, age 41, was sentenced to time served and a $100 victim assessment. Little Bear was indicted by a federal grand jury on May 10, 2011 for leaving Community Alternatives of the Black Hills where she was serving a federal sentence and not returning. She pled guilty on Aug. 5, 2011.

Cody Neil Adams Sentenced In U.S. District Court (U.S. Attorney for the District of Montana)

U.S. Attorney Mike Cotter announced that during a federal court session in Great Falls, on Oct. 19, 2011, before U.S. District Judge Sam E. Haddon, Cody Neil Adams, 26, of Harlem, Mont., was sentenced to 44 months in prison to be followed by five years of supervised release. Adams was sentenced in connection with his guilty plea to sexual abuse of a minor.

Parmelee Man Pleads Guilty to Sexual Abuse of a Minor (U.S. Attorney’s Office for the District of South Dakota)

U.S. Attorney Brendan V. Johnson announced that Ian James Burning Breast, 19, of Parmelee, S.D., appeared in federal court on Oct. 20, 2011. Burning Breast pleaded guilty to Sexual Abuse of a Minor. The maximum penalty upon conviction is 15 years' imprisonment, a $250,000 fine, or both. During the time period of Oct. 1, 2010, to Dec. 31, 2010, Ian James Burning Breast engaged in sexual intercourse with the victim, at a time when she was 13 years old and he was over 18 years old. A sentencing date was set for Jan. 9, 2012. The defendant was remanded to the custody of the United States Marshal pending sentencing.