United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men and an Eagle Butte, South Dakota, woman have been indicted by a federal grand jury for First Degree Burglary and Larceny.
Heideman, age 24, Tristan Yellow Horse, age 31, and Nicole Condon, a/k/a Nicole Garreau, a/k/a Nicole Yellow Horse, age 39, were indicted on January 19, 2017. Yellow Horse appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2017, and pled not guilty to the Indictment.
Nicole Condon appeared before U.S. Magistrate Judge Mark A. Moreno on January 30, 2017, and pled not guilty to the Indictment.
Joshua Heideman appeared before U.S. District Court Judge Roberto A. Lange on March 22, 2017, and pled guilty to First Degree Burglary. A presentence investigation report was ordered and a sentencing date was set for June 5, 2017.
The Indictment alleges that on October 8, 2016, Heideman, Yellow Horse, and Condon unlawfully entered and remained in someone’s residence with the intent to steal the property of the owner, and aided and abetted in the commission of that offense.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Yellow Horse and Condon are presumed innocent until and unless proven guilty.
This investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Yellow Horse, and Condon were remanded to the custody of the U.S. Marshals Service. The jury trial for Condon and Yellow Horse is currently scheduled for July 25, 2017.