Rosebud Man Sentenced on Assault and Firearm Charges

 United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault with a Dangerous Weapon and False Statements During Purchase of a Firearm was sentenced on September 14, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

John Larvie, age 30, was sentenced to 38 months in federal prison, followed by 3 years of supervised release, for each charge, running concurrently to each other, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Larvie was indicted by a federal grand jury on June 11, 2019, for the Assault charge and again on October 16, 2019, for the Firearm charge.  He pled guilty on May 5, 2020, to both charges.

The conviction stemmed from incidents that occurred on November 20, 2018, and July 22, 2019.  On November 20, 2018, after an argument escalated between Larvie and his dating partner, Larvie stomped on his dating partner’s chest, while wearing boots, with the intent to do bodily harm to her.  On July 22, 2019, shortly after being prosecuted and convicted in Tribal court for sexually assaulting his dating partner, Larvie attempted to purchase an AR15-style rifle.  While filling out the ATF Form 4473, Larvie, knowing he had been convicted of a misdemeanor crime of domestic violence, falsely represented that he had not been convicted of a domestic violence crime, in an effort to obtain the weapon.   

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.  The Department of Justice reinvigorated PSN in 2017 as part of its 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 local communities to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Michael Elmore prosecuted the case.

Larvie remains in the custody of the U.S. Marshals Service.