Two Eagle Butte Men Charged with Possession of a Controlled Substance and Firearm

United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Terry Dillabaugh, age 68, and Frederick Dillabaugh, age 56, were indicted on May 15, 2018.  Terry appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and Frederick appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2018.  They both pled not guilty to the Indictment.

For Terry, the maximum penalty upon conviction is up to 50 years in custody and/or a $5,250,000 fine, 7 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

For Frederick, the maximum penalty upon conviction is up to 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on February 13, 2018, Terry and Frederick knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine, which is a Schedule II controlled substance. 

The Indictment also alleges that on the same date, Terry, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.

The charges are merely accusations and Terry and Frederick are presumed innocent until and unless proven guilty. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Both defendants were released on bond pending trial.  A trial date has not been set.