Two Winner Men Sentenced for Criminal Trespass

United States Attorney Randolph J. Seiler announced that two Winner, South Dakota, men convicted of Criminal Trespass were sentenced on November 10, 2016, by U.S. Magistrate Judge Mark A. Moreno.

Jeremy Schroeder and Kirby Kartak, both age 37, were sentenced to jointly and severely pay the Rosebud Sioux Tribe $600 in restitution, to each pay a $300 fine, to write letters of apology to the Rosebud Sioux Tribe, and to pay a special assessment to the Federal Crime Victims Fund in the amount of $5.

Schroeder and Kartak were indicted by a federal grand jury on April 13, 2016.  Both pled guilty at a joint plea and sentencing hearing on November 10, 2016.

The convictions stem from an incident that occurred on December 2, 2014. Schroeder and Kartak, non-Indians, drove heavy equipment into the Oyate Whacanku Spirit Camp located near Rosebud, South Dakota, and removed approximately 30 large hay bales which were being utilized to form a windbreak at the camp.  Schroeder claimed to have an ownership interest in the hay, which was harvested on a separate tract of land owned by the tribe. Schroeder had previously leased the land on which the hay was harvested.

The Spirit Camp was established on land owned in trust by the Rosebud Sioux Tribe. The Spirit Camp was designed as a cultural and spiritual camp for activities associated with tribal opposition to the construction of the TransCanada Keystone XL Pipeline. Several tipis and a sweat lodge were erected at the camp and the camp was blessed by tribal spiritual leaders.

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Criminal Chief Dennis R. Holmes prosecuted the case.