Five Sentenced in Rosebud DaVita Dialysis Burglary Case

United States Attorney Randolph J. Seiler announced that all five defendants involved in the burglary of the DaVita Dialysis Center in Rosebud, South Dakota, in January 2016 have now been sentenced by U.S. District Judge Roberto A. Lange.  

On May 17, 2016, all five defendants were indicted for Third Degree Burglary.  A Superseding Indictment was filed on June 14, 2016, charging one count of Third Degree Burglary and one count of Larceny.

Seryl Leroy Pomani, Jr., a/k/a Leroy Pomani, age 28, of Rosebud, pled guilty to Third Degree Burglary in July 2016.  He was sentenced on September 6, 2016, to 5 months in custody (in addition to the 4 months he spent in tribal custody prior to his initial appearance in federal court) to be followed by 2 years of supervised release.

Michelle Iron Cloud, age 30, of Mission, pled guilty to Third Degree Burglary in September 2016.  She was sentenced on December 6, 2016, to time served equal to approximately 3 months in custody (in addition to the approximately three months she spent in tribal custody prior to her initial appearance in federal court) followed by 18 months of supervised release.

Jonathan Anthony Jones, a/k/a DJ Jones, age 36, of Rosebud, pled guilty to Third Degree Burglary in September 2016.  He was sentenced on December 12, 2016, to 3 months in custody, followed by 3 months’ home confinement or placement in a residential reentry center, followed by 2 years of supervised release.

Robert Pomani, age 24, of Rosebud, pled guilty to Larceny in September 2016.  He was sentenced on December 19, 2016, to 4 months in custody, followed by three years of supervised release.  At the time of the offense, Robert Pomani was on federal supervised release and was sentenced to an additional 4 months in custody for violating the terms of his supervised release.

Alicia Good Shield, age 30, of Rosebud, pled guilty in October 2016 to a Superseding Information charging Receiving Stolen Property.  On December 20, 2016, she was placed on probation for a period of 18 months.

The defendants were ordered to pay restitution of at least $5,615.66, jointly and severally, for damage caused and items stolen.  Additionally, each defendant was ordered to pay a special assessment of $100 to the Federal Crime Victims Fund.

The convictions stem from burglaries that occurred in January 2016.  The Defendants broke into the DaVita Dialysis Center and stole multiple items that had been donated and were displayed inside the building.  These items included star quilts and dream catchers.  The Defendants subsequently sold several star quilts to unwitting third parties.  They then used the proceeds of those sales to purchase methamphetamine and marijuana, which they shared amongst themselves.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.