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Tribal Justice News

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WEEK OF JAN. 26, 2010

Rosebud Man Pleads to Assault with a Dangerous Weapon (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Sky Chasing His Horse, age 19, of Rosebud, appeared before U.S. District Judge Roberto A. Lange on Jan. 26, 2010, and pleaded guilty to the indictment that charged him with assault with a dangerous weapon.  The maximum penalty upon conviction is 10 years in prison, a $250,000 fine, or both; three years of supervised release; and a special assessment of $100 to the Victim Assistance Fund.

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

Red Lake Man Pleads Guilty to Sexual Abuse, Failing to Register as a Sex Offender (U.S. Attorney for the District of Minnesota)

A 27-year-old Red Lake, Minn., man pleaded guilty on Jan. 25, 2010, in federal court to sexually abusing a woman physically unable to defend herself. Jeremy Charles Wind also pleaded guilty to failing to register as a sex offender.  Wind admitted entering the victim’s bedroom on May 22, 2009, and proceeding to have sex with her, knowing she was incapable of declining participation or communicating unwillingness to engage in the sexual act.  In addition, Wind admitted that from October 2008 to May 2009, he was not properly registered as a sex offender.

http://www.justice.gov/usao/mn/major/major0489.pdf

Washington Man Sentenced to 188 Months in Prison for Violently Assaulting Two Women (U.S. Attorney for the Eastern District of Washington)

On Jan. 25, 2010, James A. McDevitt, U.S. Attorney for the Eastern District of Washington, announced that Nicholas D. Elwell, age 26, of Wapato, Wash., was sentenced to prison for 188 months for sexually assaulting two women.  Elwell will be under court supervision for 10 years after he is released from prison.  According to the plea agreement, Elwell assaulted the two women on two separate occasions, in their own homes on the Yakama Indian Reservation.

http://www.justice.gov/usao/wae/press_releases/2010/Docs/012510_Elwell_Sentence.pdf

North Dakota  Man Sentenced for Voluntary Manslaughter (U.S. Attorney for the District of North Dakota)
Acting U.S. Attorney Lynn Jordheim announced that on Jan. 25, 2010, Duane Bear, 20, of White Shield, N.D., was sentenced before U.S. District Court Judge Daniel L. Hovland on a charge of voluntary manslaughter.  Judge Hovland sentenced Bear to serve six years and six months in federal prison, to be followed by three years of supervised release.

http://www.justice.gov/usao/nd/pressreleases/2010/01-25-2010-Bear%20Sentenced.pdf

Arizona Man Sentenced to Federal Prison for Assaulting Estranged Wife (U.S. Attorney for the District of Arizona)
Francisco Cuadras, 27, of Parker, Ariz., was sentenced on Jan. 25, 2010, by U.S. District Judge G. Murray Snow to 53 months in federal prison for committing aggravated assault causing serious bodily injury to the victim.  The victim was his estranged wife, a member of the Colorado River Indian Tribes.

http://www.justice.gov/usao/az/press_releases/index.html

Former Tribal Health Director Sentenced (U.S. Attorney for the District of Wyoming)
The U.S. Attorney for the District of Wyoming announced on Jan. 22, 2010, that Paul Joe Hanway, 63, of Arapahoe, Wyo., former Tribal Health Director for the Northern Arapaho Tribe, was sentenced for one count of interstate transportation of a minor female with intent to engage in illicit sexual conduct.  As a part of the plea agreement, Hanway agreed the case against him included evidence involving four other victims.  Hanway received three years in prison, lifetime supervised release and a $600 fine.

http://www.justice.gov/usao/offices/usa_listings2.html#w

Wyoming Man Sentenced for Assault (U.S. Attorney for the District of Wyoming)
The U.S. Attorney for the District of Wyoming announced on Jan. 21, 2010, that Kristopher Candelaria, 30, of Lander, Wyo., was sentenced by Chief Federal District Court Judge William F. Downes for assault with a dangerous weapon with intent to do bodily harm.  Candelaria received 24 months in prison, a $750.00 fine and three years of supervised release.

http://www.justice.gov/usao/offices/usa_listings2.html#w

South Dakota Man Indicted for Distributing Controlled Substances (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 21, 2010, that a Mission, S.D., man has been indicted by a federal grand jury for distributing and conspiracy to distribute controlled substances in the Mission area between April and December of 2009.  Joseph Cephus Prue II, age 56, pleaded not guilty to the superseding indictment.  A trial date has been set for Feb. 23, 2010.

http://www.justice.gov/usao/sd/media_news/Pierre-01-22-10-Prue.html

Belcourt Man Found Guilty of Sexual Abuse Charges (U.S. Attorney for the District of North Dakota)
Acting U.S. Attorney Lynn Jordheim announced that on Jan. 21, 2010, Kyle R. Decoteau, 26, of Belcourt, N.D., was found guilty by a federal jury on two counts of aggravated sexual abuse of a child and two counts of abusive sexual contact. From December 2006 through September 2007, on the Turtle Mountain Indian Reservation, Decoteau engaged in sexual contact and sexual acts with two juvenile females.  Each count of aggravated sexual abuse of a child carries a mandatory minimum sentence of 30 years in prison and a statutory maximum penalty of life and a $250,000 fine.      

http://www.justice.gov/usao/nd/pressreleases/press2010.html                                         

Aaron James Pepion Sentenced in U.S. District Court (U.S. Attorney for the District of Montana)
The U.S. Attorney’s Office announced that during a federal court session in Great Falls, Mont., on Jan. 21, 2010, before U.S. District Judge Sam E. Haddon, Aaron James Pepion, a 29-year-old resident of Browning, Mont., was sentenced to a term of 30 months in prison followed by three years of supervised release.  On July 27, 2009, Pepion admitted that he had engaged in sexual acts with a 14-year-old female in approximately April 2009, at the victim’s residence, which is located on the Blackfeet Indian Reservation.

http://www.justice.gov/usao/mt/pressreleases/20100121113732.html

Woman Sentenced for Larceny (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a woman charged with larceny and aiding and abetting was sentenced on Jan. 20, 2010, by U.S. District Judge Richard H. Battey.  Elmarie Tobacco Thunderhawk, age 30, of Pine Ridge, S.D., was sentenced to three years probation and ordered to pay $1,191.00 in restitution and $100 to the Victim Assistance Fund. Thunderhawk, along with two other individuals, stole money and inventory from the Heritage Center, Red Cloud Indian School.   The estimated value of the property and loss was $18,000 which is an amount attributable to three defendants' unlawful conduct.

http://www.justice.gov/usao/sd/media_news/RC-01-21-10-Thunderhawk.html

South Dakota Man Indicted for Sexual Abuse (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 20, 2010, that a Wakpala, S.D., man has been indicted by a federal grand jury for aggravated sexual abuse by force and sexual abuse of a minor.  Joseph E. Shortman, IV, age 25, was indicted by a federal grand jury on Dec. 8, 2009, and appeared before United States Magistrate Judge William D. Gerdes on Jan. 15, 2010, and pleaded not guilty.  The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; a minimum of five years of supervised release; and a $100 Special Assessment.

http://www.justice.gov/usao/sd/media_news/Pierre-01-21-10-Shortman.html

South Dakota Man Pleads Guilty to Abusive Sexual Contact (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Gerald George American Horse, age 45, of Oglala, S.D., appeared before U.S. District Judge Richard H. Battey on Jan. 20, 2009, and pleaded guilty to a charge of abusive sexual contact.  The maximum penalty upon conviction is 10 years in prison and/or a $250,000 fine.  Between September 2006, and September 2007, American Horse made sexual contact with an underage girl.

http://www.justice.gov/usao/sd/media_news/RC-01-21-10-Horse.html

South Dakota Man Sentenced for Assault with a Dangerous Weapon (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 20, 2010, that a Parmelee, S.D., man charged with assault with a dangerous weapon and aiding and abetting was sentenced by Chief U.S. District Judge Karen E. Schreier.  Chris Running Horse, age 20, was sentenced to 27 months in custody, three years of supervised release and a $100 special assessment to the Victim Assistance Fund.  The charges stem from the May 3, 2009, assault of a juvenile.  Running Horse pleaded guilty on Oct. 16, 2009.

http://www.justice.gov/usao/sd/media_news/Pierre-01-20-10-Horse.html

South Dakota Man Indicted for Sexual Abuse (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 20, 2010, that a St. Francis, S.D., man has been indicted by a federal grand jury for sexual abuse.  Mickey McCloskey, age 28, appeared before U.S. Magistrate Judge Mark Moreno and pleaded not guilty to the indictment.  The maximum penalty upon conviction is up to life in prison, a $250,000 fine, or both, and a mandatory minimum of five years of supervised release up to life.

http://www.justice.gov/usao/sd/media_news/Pierre-01-20-10-MMcCloskey.html

South Dakota Woman Indicted for Bank Robbery (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 20, 2010, that a Mobridge, S.D., woman has been indicted by a federal grand jury for bank robbery.  Sonja Mae Brown, age 50, appeared before United States Magistrate Judge William D. Gerdes and pleaded not guilty to the indictment.  The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; three years of supervised release; and a $100 Special Assessment.  The charges relate to the alleged robbery of the Dacotah Bank in Mobridge, S.D.

http://www.justice.gov/usao/sd/media_news/Pierre-01-22-10-Brown.html

Former Chief of Police for Sault Tribe of Chippewa Indians Charged With Conspiracy to Defraud the United States (U.S. Attorney for the Western District of Michigan)

Frederick James Paquin, age 52, of St. Ignace, Mich., and the former Chief of Police for the Sault Tribe of Chippewa Indians, was charged by a grand jury with multiple offenses related to a scheme to defraud the United States by dishonest means, U.S. Attorney Donald A. Davis announced on Jan. 20, 2010.  In addition, the grand jury charged Paquin and his daughter, Mary Christine Cullen, age 28, also of St. Ignace, with multiple offenses related to an alleged conspiracy to pay Cullen as a full time employee of the Tribe after she was no longer working for the Tribe as a full time employee.  The charges stem from Paquin’s alleged misuse of federal grant funds awarded to Paquin’s police department under the U.S. Department of Justice’s Tribal Resources Grant Program  between 2002 and 2008.

http://www.justice.gov/usao/miw/press/FPaquin01202010.html

Acoma Pueblo Man Pleads Guilty to Aggravated Sexual Abuse (U.S. Attorney for the District of New Mexico)
On Jan. 20, 2010, Melvin Hayah, 26, a member of Acoma Pueblo, pleaded guilty before U.S. Magistrate Judge Robert H. Scott to the charge of aggravated sexual abuse.  The offense occurred within the boundaries of the Acoma Pueblo. Sentencing is pending.

http://www.justice.gov/usao/nm

South Dakota Man Pleads Guilty to Sexual Abuse (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Julius Holy Bear, Jr., age 21, of Eagle Butte, S.D., appeared before U.S. District Judge Roberto A. Lange on Jan. 19, 2010, and pleaded guilty to sexual abuse of a person incapable of consenting.  The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; a mandatory minimum of give years of supervised release; and a $100 special assessment.  The charges relate to Holy Bear’s sexual abuse of an Eagle Butte woman in April of 2009.

http://www.justice.gov/usao/sd/media_news/Pierre-01-20-10-HolyBear.html