TRIBAL JUSTICE NEWS
WEEK OF FEBRUARY 16, 2011

New Mexico Man Pleads Guilty to Assault Resulting in Serious Bodily Injury (U.S. Attorney for the District of New Mexico)
U.S. Attorney Kenneth J. Gonzales announced that during a federal court session in Las Cruces, N.M., on Feb. 8, 2011, before U.S. Magistrate Judge William P. Lynch, Kaul Ray Duffy, a 23-year-old member of the Mescalero Apache Tribe, pleaded guilty to assault resulting in serious bodily injury. Under the terms of the plea agreement, Duffy will receive a sentence of five years in prison and three years of supervised release.

http://www.justice.gov/usao/nm/pr/2011/2011-02-08_duffy_plea_pr.pdf

New Mexico Man Pleads Guilty to Federal Rape Offense (U.S. Attorney for the District of New Mexico)
U.S. Attorney Kenneth J. Gonzales announced that during a federal court session in Albuquerque, N.M., on Feb. 8, 2011, before Chief U.S. Magistrate Judge Richard L. Puglisi, Derrick Ivan Jim, a 28-year-old member of the Navajo Nation, pleaded guilty to aggravated sexual abuse. Under the terms of the plea agreement, Jim will be sentenced to a maximum of 188 months in prison and a minimum of five years of supervised release. Jim also will be required to register as a sex offender.

http://www.fbi.gov/albuquerque/press-releases/2011/navajo-man-pleads-guilty-to-federal-rape-offense

Florida Man Sentenced for Sale of Machine Guns (U.S. Attorney for the Middle District of Florida)
U.S. Attorney Robert E. O’Neill announced that during a federal court session in Tampa, Fla., on Feb. 7, 2011, before U.S. District Judge Gregory A. Presnell, Timothy Murray, a 37-year-old member of the Weeki Wachee, was sentenced to two years in federal prison for the unlawful sale of machine guns and a silencer. The court also ordered Murray to forfeit his weapons.

http://www.justice.gov/usao/flm/pr/2011/feb/20110208_Murray_Tpa_GunSent.pdf

Wisconsin Man Charged for Distributing Methamphetamine (U.S. Attorney for the Western District of Wisconsin)
U.S. Attorney John W. Vaudreuil announced that during a federal court session in Madison, Wis., on Feb. 8, 2011, before U.S. District Judge Gregory A. Presnell, Eric E. Garvey, a 40-year-old resident of Webster, Wis., was found guilty on all four charges of distributing methamphetamine. Garvey was the 26th defendant found guilty in the St. Croix Tribal drug investigation. Garvey faces a maximum penalty of 20 years in prison on each charge. Garvey’s sentencing has been scheduled for April 20, 2011.

http://www.justice.gov/usao/wiw/Press/February%208,%202011%20-%2026th%20Defendant%20Found%20Guilty%20in%20St.%20Croix%20Tribal%20Drug%20Investigation.pdf

Idaho Man Sentenced for Abusive Sexual Contact with a Minor (U.S. Attorney for the District of Idaho)
U.S. Attorney Wendy J. Olson announced that during a federal court session in Pocatello, Idaho, on Feb. 7, 2011, before U.S. District Judge Edward J. Lodge, Mervin Fisher, a 67-year-old member of the Shoshone-Bannock Tribe, was sentenced to 15 months in federal prison and 10 years of supervised release for abusive sexual contact with a minor.

http://saltlakecity.fbi.gov/dojpressrel/pressrel11/slc020811.htm

Iowa Man Convicted of Conspiracy to Manufacture and Distribute Methamphetamine (U.S. Attorney for the Northern District of Iowa)
U.S. Attorney Stephanie M. Rose announced that during a federal court session in Sioux City, Iowa, on Feb. 3, 2011, before U.S. District Court Judge Donald E. O’Brien, Earl Alexander Stone, a 33-year-old member of the Cherokee Nation, was convicted of one count of conspiracy to manufacture and distribute methamphetamine within 1000 feet of a school and to distribute and possess pseudoephedrine with the intent to manufacture methamphetamine. Stone faces a maximum sentence of life in prison, an $8 million fine, a $100 special assessment and 10 years of supervised release. Stone’s sentencing trial has yet to be scheduled.

http://www.justice.gov/usao/ian/press/Feb_index.html

Nebraska Man Sentenced for First Degree Murder (U.S. Attorney for the District of Nebraska)
U.S. Attorney Deborah R. Gilg announced that during a federal court session on Feb. 9, 2011, Shanon Ray Thomas, a 34-year-old resident of Niobrara, Neb., was sentenced to life in prison, a $250,000 fine, a $100 Special Assessment and five years of supervised release following his conviction for first degree murder. He was also sentenced to an additional term of 10 years in prison, a $250,000 fine, a $100 Special Assessment and five years of supervised released for his conviction for use of a firearm during the commission of a violent crime. Lastly, he was sentenced to 10 years in prison, a $250,000 fine, a $100 Special Assessment and three years of supervised released for being a felon in possession of a firearm. The crime was committed on the Santee Sioux Indian Reservation.

http://www.justice.gov/usao/ne/press/feb/0209_thomas_snt.pdf

Minnesota Man Sentenced for Involuntary Manslaughter (U.S. Attorney for the District of Minnesota)
U.S. Attorney B. Todd Jones announced that during a federal court session in Fergus Falls, Minn., on Feb. 9, 2011, before U.S. District Court Chief Judge Michael J. Davis, Bruce Wilson Dow Sr., a 62-year-old member of the Red Lake Tribe, was sentenced to 24 months in prison for involuntary manslaughter.

http://minneapolis.fbi.gov/dojpressrel/pressrel11/mp020911b.htm

Minnesota Man Sentenced for Abusive Sexual Contact with a Minor (U.S. Attorney for the District of Minnesota)
U.S. Attorney B. Todd Jones announced that during a federal court session in Fergus Falls, Minn., on Feb. 9, 2011, before U.S. District Court Chief Judge Michael J. Davis, Eagle Wind Lajeunesse, a 22-year-old member of the Red Lake Tribe, was sentenced to 120 months in prison and a lifetime of supervised release. Lajeunesse was sentenced in connection with his guilty plea of one count of abusive sexual contact with a minor.

http://minneapolis.fbi.gov/dojpressrel/pressrel11/mp020911a.htm

New York Man Indicted for Theft and Wire Fraud (U.S. Attorney for the Western District of New York)
U.S. Attorney William J. Hochul, Jr. announced that during a federal court session in Buffalo, N.Y., on Feb. 9, 2011, Bergal L. Mitchell III, a former Tribal Councilor of the Seneca Nation of Indians and Vice Chairman of the Board of Directors of the Seneca Gaming Corporation, received a 13-count indictment. The indictment charges him with one count each of bribery; theft by an officer or employee of a gaming establishment on Indian land; wire fraud; and conspiracy; as well as eight counts of money laundering. If convicted, Mitchell faces a maximum of 20 years in prison, a $1million fine for the theft and wire fraud charges; a maximum of 10 years in prison each for the bribery and money laundering charges; and a maximum sentence of five years in prison for the conspiracy charge. Mitchell’s trial date has yet to be scheduled.

http://www.justice.gov/usao/nyw/press/index.html

New Mexico Man Pleads Guilty to Assault Resulting in Serious Bodily Injury (U.S. Attorney for the District of New Mexico)
U.S. Attorney Kenneth J. Gonzales announced that during a federal court session in Las Cruces, N.M., on Feb. 9, 2011, before Chief U.S. Magistrate Judge Richard L. Puglisi, Willis Yazzie, a 32-year-old member of the Navajo Nation, pleaded guilty to aggravated sexual abuse. Under the terms of the plea agreement, Yazzie will be sentenced to a maximum of 19 years in prison and a minimum of five years of supervised release. Yazzie also will be required to register as a sex offender. Yazzie’s sentencing has not yet been scheduled.

http://www.fbi.gov/albuquerque/press-releases/2011/navajo-man-pleads-guilty-to-federal-child-sex-assault-offense

New Mexico Man Sentenced for Aggravated Assault of a Minor (U.S. Attorney for the District of New Mexico)
U.S. Attorney Kenneth J. Gonzales announced that during a federal court session in Albuquerque, N.M., on Feb. 10, 2011, before U.S. District Judge William P. Johnson, Leander Valdo, a 42-year-old member of the Pueblo of Acoma, was sentenced to a 72 months in prison and three years of supervised release based on his conviction for aggravated sexual abuse of a minor. Valdo also will be required to register as a sex offender upon his release from prison.

http://www.fbi.gov/albuquerque/press-releases/2011/acoma-man-receives-72-month-prison-sentence-for-child-sex-abuse-conviction

Three Arapaho Tribal Members Indicted for Embezzlement (U.S. Attorney for the District of Wyoming)
U.S. Attorney Christopher A. Crofts announced today that George Moss, Melody St. Clair and Amanda Addison Ortiz of the Wind River Reservation have been indicted for conspiracy to embezzle or convert monies from an organization receiving federal funds, embezzling or converting monies from an organization receiving federal funds and aiding and abetting. The charges carry maximum penalties of up to ten years in prison on each count and restitution will be sought.

http://www.justice.gov/usao/wy/pressrel/index.html

New Mexico Man Pleads Guilty to Second Degree Murder (U.S. Attorney for the District of New Mexico)
U.S. Attorney Kenneth J. Gonzales announced that during a federal court session in Albuquerque, N.M., on Feb. 10, 2011, before Chief U.S. Magistrate Judge Richard L. Puglisi, Patrick Baptiste, a 51-year-old member of the Navajo Nation, pleaded guilty to second degree murder. Under the terms of his plea agreement, Baptiste will be sentenced to 25 years in prison and five years of supervised release. Valdo’s sentencing has not yet been scheduled.

http://www.fbi.gov/albuquerque/press-releases/2011/navajo-man-pleads-guilty-to-federal-murder-charge

South Dakota Man Convicted of Sexual Abuse of a Minor by Fear (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that during a federal court session in Aberdeen, S.D., on Feb. 9, 2011, Frederick James One Feather, aka Snow One Feather, age 62, was convicted of two counts of sexual abuse of a minor by fear and one count of abusive sexual contact. One Feather faces a maximum penalty of life in prison, a $250,000 fine, a minimum of five years of supervised, a $100 special assessment and restitution.

http://www.justice.gov/usao/sd/pressreleases/Pierre-2011-02-09-One%20Feather.html

Washington Man Sentenced for Assault with a Dangerous Weapon (U.S. Attorney for Eastern District of Washington)
U.S. Attorney Michael C. Ormsby announced that during a federal court session on Feb. 11, 2011, Robert L. Picard, a 19-year-old member of the Confederated Tribes of the Colville Reservation., was sentenced to 84 months in prison and three years of supervised release. Piccard was sentenced in connection with his guilty plea to three counts of assault with a dangerous weapon.

http://www.justice.gov/usao/wae/news/2011/2011_02_11_Picard_Sentence.html

South Dakota Man Sentenced for Embezzlement and Theft (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that during a federal court session on Feb. 7, 2011, before U.S. District Judge Charles B. Kornmann, Kenneth Mark Walking Elk, also known as Kenneth Howard, Jr., a 65-year-old member of Little Eagle, was sentenced to five years of probation, $15,087.84 in restitution and a $100 special assessment to the Victim Assistance Fund. Walking Elk was sentenced in connection with his guilty plea of embezzlement and theft from an Indian Tribal Organization.

http://www.justice.gov/usao/sd/news.html

Wisconsin Man Convicted for Involuntary Manslaughter (U.S. Attorney for the Eastern District of Wisconsin)
U.S. Attorney James L. Santelle announced that during a federal court session in Las Cruces, N.M., on Feb. 3, 2011, John G. Shawano, a 29-year-old member of the Menominee Tribe, was convicted for involuntary manslaughter. Shawano faces a maximum of eight years in prison and a maximum $250,000 fine. Shawano’s sentencing date has been scheduled for May 5, 2011.

http://www.justice.gov/usao/wie/press_releases/2011/pr20110211_Involuntary_Man_Slaughter.pdf

Washington Man Sentenced for Illegal Fireworks Dealing (U.S. Attorney for Western District of Washington)
U.S. Attorney Jenny A. Durkan announced that during a federal court session in Seattle, Wash., on Feb. 11, 2011, before U.S. District Court Judge Richard A. Jones, Louie Roy Pablo Jr., a 52-year-old member of the Tulalip Tribes, was sentenced to two years of federal probation, including four months of confinement on work release and two months of home detention with electronic monitoring, for dealing in explosive materials without a license. As part of his sentence, Pablo is prohibited from having any contact with fireworks in any way for the next two years.

http://www.justice.gov/usao/waw/press/2011/feb/pablo.html

South Dakota Man Sentenced for Embezzlement and Theft (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that during a federal court session on Feb. 1, 2011, before U.S. District Roberto A. Lange, T. J. Looking Horse, a 21-year-old member of Black Butte, pleaded guilty to assault with a dangerous weapon. Looking Horse faces a maximum of 10 years in prison, a $250,000 fine, three years of supervised release and a $100 special assessment.

http://www.justice.gov/usao/sd/pressreleases/Pierre-2011-02-01-Looking%20Horse.html

South Dakota Man Sentenced for Escaping from Community Alternatives of the Black Hills (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that during a federal court session on Jan. 31, 2011, before U.S. District Judge Jeffrey L. Viken, Kevin High Elk, a 22-year-old resident of Rapid City, S.D., was sentenced to one year and one day in custody, three years of supervised release and a $100 victim assessment. High Elk was sentenced in connection with his guilty plea of failure to return to the Community Alternatives of the Black Hills.

http://www.justice.gov/usao/sd/pressreleases/RC-2011-02-01-High%20Elk.html

South Dakota Man Sentenced for Assaulting Elderly Woman (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that during a federal court session on Feb. 2, 2011, before U.S. District Judge Roberto A. Lange, Charles William Moran, a 32-year-old resident of Eagle Butte, S.D., was sentenced to 72 months in prison, three years of supervised release and a $100 special assessment to the Victims’ Assistance Fund. High Elk was sentenced in connection with his guilty plea of assault with a dangerous weapon.

http://www.justice.gov/usao/sd/news.html

Utah Man Sentenced for Assaulting a Baby (U.S. Attorney for the District of Utah)
U.S. Attorney Carlie Christensen announced that during a federal court session, before U.S. Magistrate Judge Samuel Alba, Warren Joseph Montes, a 19-year-old resident of Montezuma Creek, Utah, pleaded not guilty to the indictment of assault resulting in serious bodily injury while within Indian Country. If convicted, Montes faces a maximum of 10 years in prison and a $250,000 fine. Montes trial date has been scheduled for April 18, 2011.

http://www.justice.gov/usao/ut/press/releases/Montes%20indictment.pdf

North Dakota Man Sentenced for Intent to Distribute a Controlled Substance (U.S. Attorney for the District of North Dakota)
U.S. Attorney Timothy Q. Purdon announced that during a federal court session in Fargo, N.D., on Feb. 10, 2011, before U.S. District Court Judge Ralph R. Erickson, James P. Driver, 29-year-old resident of St. Michael, N.D., was sentenced for possession of a firearm and ammunition by a convicted felon and possession with intent to distribute a controlled substance. The incidents occurred in April 2010 on the Spirit Lake Indian Reservation. Driver was sentenced to five years and five months in prison, a $200 special assessment to the Crime Victim's Fund and two years of supervised release.

http://www.justice.gov/usao/nd/pressreleases/2011/02-10-2011-Driver%20Sentenced.pdf

Idaho’s U.S. Attorney’s Office Collects $6.75 Million from Atlantic Richfield Company (U.S. Attorney for the District of Idaho)
U.S. Attorney Wendy Olson announced on Feb. 14, 2011, that her office collected $6.75 million from Atlantic Richfield Company pursuant to a Consent Decree in United States of America, the Coeur d'Alene Tribe, and the State of Idaho v. Atlantic Richfield Company, Civ. No. 10-578-EJL. The settlement resolves allegations that Atlantic Richfield and its predecessor, Anaconda Company, were liable under Comprehensive Environmental Response, Compensation, and Liability Act for response costs and natural resources damages relating to releases of hazardous substances at or from the Bunker Hill Mining and Metallurgical Complex Superfund Site in northern Idaho. Atlantic Richfield will pay a total of $5,062,500 to the Environmental Protection Agency for response costs and $1,687,500 to the U.S. Department of the Interior, the U.S. Department of Agriculture, the Coeur d'Alene Tribe and the State of Idaho for natural resources damages.

http://www.justice.gov/usao/id/public_info/pr11/feb/atlanticrichfieldcompany.html

North Dakota Man Convicted for Aggravated Sexual Abuse of a Child (U.S. Attorney for the District of North Dakota)
U.S. Attorney Timothy Q. Purdon announced that during a federal court session in Fargo, N.D., on Feb. 10, 2011, before U.S. District Court Judge Ralph R. Erickson, Kimberly A. Carlson, 42-year-old resident of Devils Lake, N.D., was sentenced for embezzlement and theft from an Indian tribal organization. Carlson was sentenced to two years of probation, restitution of $5,339.10 and a $100 special assessment paid to the Crime Victim’s Fund.

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

North Carolina Woman Charged for Assault with a Dangerous Weapon (U.S. Attorney for the Western District of North Carolina)
U.S. Attorney Anne M. Tompkins announced on Feb. 11, 2011 that a federal grand jury indicted Yulonda Renee Wolfe, 39, on one count of assault with a dangerous weapon. The incident occurred on June 10, 2010, within the Cherokee Indians reservation. Wolfe faces a maximum of 10 years in prison and a $250,000 fine. Wolfe’s trial date has not yet been scheduled.

http://www.justice.gov/usao/ncw/press/index.html

North Carolina Man Indicted on Multiple Federal Firearm Offenses (U.S. Attorney for the Western District of North Carolina)
U.S. Attorney Anne M. Tompkins announced on Feb. 11, 2011 that a federal grand jury indicted Brandon Keith Martin, 28, on three counts of federal firearms offenses. Count one of the indictment charges Martin with stealing firearms which have moved in interstate or foreign commerce. Count two charges Martin with possession, concealment and disposal of stolen firearms, and count three charges him with possession of a firearm by a convicted felon. The alleged offenses occurred in July 2009 on the Cherokee Indians reservation. Martin’s trial date has not yet been scheduled.

http://www.justice.gov/usao/ncw/press/index.html

Four North Carolina Men Charged With Drug and Firearms Related Offenses (U.S. Attorney for the Western District of North Carolina)
U.S. Attorney Anne M. Tompkins announced on Feb. 11, 2011 that a federal grand jury indicted Zachariah Lightening Rattler, aka Zebo, age 33, Kevin Robert Wahnetah, age 23, Joshua Levi West, age 22, and Jacob Dewayne Wolfe, age 23, on drug and firearms charges. Rattler, Wahnetah and West are charged with stealing firearms which have moved in interstate or foreign commerce; possession, concealment and disposal of stolen firearms; use or possession of a firearm during a drug trafficking crime; and possession of a firearm by a person addicted to a controlled substance. West is also charged with possession of a firearm by a convicted felon. Wolfe is charged with possession of a firearm by a person addicted to a controlled substance and possession, concealment and disposal of stolen firearms. The incidents occurred in July 2010 on the Cherokee Indians reservation. Their trial dates have not yet been scheduled.

http://www.justice.gov/usao/ncw/press/index.html

Two North Carolina Women Charged for Embezzlement (U.S. Attorney for the Western District of North Carolina)
U.S. Attorney Anne M. Tompkins announced on Feb. 11, 2011 that a federal grand jury indicted Dorine Renea Reed and Lucy Christine Reed on embezzlement and theft charges. According to the indictment, the defendants embezzled over $1,000 from the Cherokee Historical Association. The two women each face a maximum of five years in prison and a $250,000 fine. Their trial dates have not yet been scheduled.

http://www.justice.gov/usao/ncw/press/index.html

Superseding Indictment Charges Two North Carolina Men with Drug Distribution and Embezzlement Charges (U.S. Attorney for the Western District of North Carolina)
U.S. Attorney Anne M. Tompkins announced on Feb. 11, 2011 that a federal grand jury indicted Thomas Lee Cook, 27, and Humberto Longoria Moreno, 42, on drug related charges. Count one of the superseding indictment, charges Cook and Moreno with possession of a controlled substance with intent to distribute, a violation that carries a minimum of 10 years in prison and a fine of $4 million. Count two charges Cook and Moreno with the laundering of monies obtained from the sale or distribution of a controlled substance, and knowing that monies were obtained from such unlawful activity. Cook and Moreno face a maximum of 20 years in prison and a $500,000 fine for laundering of monies. The alleged criminal activity took place from 2007 to 2009 on the Cherokee Indians reservation. Their trial dates have not yet been scheduled.

http://www.justice.gov/usao/ncw/press/index.html