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South Dakota State Attorney's Office for the Department of Justice case roundup for Jan. 20, 2023

Five cases have been released for the week of Jan. 20, 2023.

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PIERRE, S.D. — The South Dakota States Attorney's Office for the Department of Justice released five cases for the week of January 20, 2023.

A former Sioux Falls Police Department officer was convicted on charges regarding the attempted enticement of a minor using the internet on Jan. 19, 2023.

Luke Schauer, 29, of Sioux Falls, was sentenced to 10 years in federal prison, followed by 5 years of supervised release, and a fine of $100 towards the Federal Crime Victims fund.

The conviction stemmed from an incident on Jan. 18, when Schauer attempted to coerce an undercover agent posing as a 12-year-old female to meet and engage in sexually explicit conduct. Using his account on KIK Messenger, Schauer made plans on Feb. 8, 2022, to meet the undercover agent posing as a 12 year-old. The text messages involved interstate commerce because Schauer was in South Dakota while the undercover agent resided in Pennsylvania.

Schauer was employed as a police officer with the Sioux Falls Police Department at the time of the offense. He was immediately relieved of his duties upon his arrest and his employment terminated.

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This case was investigated by the FBI and the South Dakota Division of Criminal Investigation, with cooperation from the Sioux Falls Police Department.

Schauer was indicted by a federal grand jury in Febuary of 2022, and pleaded guilty on Sept. 13, 2022. He was immediately remanded to the custody of the U.S. Marshals Service.

Luke Schauer admitted to sending nude photos to who he thought was a 12-year-old girl, but was actually an FBI agent.

An Eagle Butte, S.D., man was indicted by a federal grand jury for assault resulting in serious bodily injury, as well as a charge for assault with a dangerous weapon.

The indictment alleged that, in Ziebach County, S.D., Jewett assaulted another person on August 13, 2022, with "shod feet and bat," which ultimately resulted in serious bodily injury.

Peyton Jewett, 34, appeared before a U.S. Magistrate Judge and pleaded not guilty to the charges on January 17, 2023. He was immediately remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

The rape charges filed against failed South Dakota House of Representatives candidate, Bud May, were dropped following a preliminary hearing on January 17, 2023.

A Bullhead, S.D., man was convicted on charges regarding the possession of a stolen firearm.

21-year-old Nicholas Black Cloud was sentenced on Jan. 18, 2023, to six months in federal prison, followed by three years of supervised release, as well as a fine of $100 towards the Federal Crime Victims Fund.

Black Cloud was indicted for possession of stolen firearm by a federal grand jury in January of 2022, pleading guilty to the charges on Oct. 17, 2022.

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The indictment alleged that, on Oct. 25, 2021, Black Cloud stole a pistol from a vehicle in McLaughlin, S.D. When he later encountered the police, Black Cloud threw the pistol away so he would not get caught with it. Law enforcement subsequently recovered the firearm.

Black Cloud was remanded to the custody of the U.S. Marshals Service.

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A McLaughlin, South Dakota, man convicted of failure to register as a sex offender, was sentenced on January 18, 2023.

Mikal White Mountain, age 39, was sentenced to 27 months in federal prison, followed by five years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

White Mountain was indicted for Failure to Register as a Sex Offender by a federal grand jury in December of 2021. He pleaded guilty on October 17, 2022.

White Mountain was convicted of Gross Sexual Imposition in North Dakota in 2005. Accordingly, White Mountain is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between September 4, 2021, and December 14, 2021, White Mountain failed to properly register as a sex offender and update his registration.

White Mountain was immediately remanded to the custody of the U.S. Marshals Service.

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Among the cases heard was a Mitchell woman who stole a $1,495 dog from Ed's Pet World, which resulted in a grand theft charge.

A federal grand jury has indicted a Sioux Falls, South Dakota, man for charges relating to failing to register as a sex offender.

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Cyrus Black Spotted Horse, or Cyrus Menard, 41, was indicted in January of 2022. He appeared before a U.S. Magistrate Judge on January 13, 2022, and pleaded not guilty to the indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on or about between November 8, 2022, and December 15, 2022, in the District of South Dakota, Spotted Horse — a person required to register under the Sex Offender Registration and Notification Act and a sex offender by reason of a conviction under federal law — knowingly failed to register and update his registration.

The investigation is being conducted by the U.S. Marshals Service and Sioux Falls Police Department. Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 14, 2023.

“Let’s put this in the rearview mirror,” Sen. Michael Diedrich, a Rapid City Republican said.
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