Browning man admits assaulting corrections officer at Bureau of Indian Affairs jail

GREAT FALLS — A Browning man suspected of trying to put a federal corrections officer in a chokehold while incarcerated at the Bureau of Indian Affairs’ jail on the Blackfeet Indian Reservation admitted to an assault charge today, U.S. Attorney Jesse Laslovich said.

Joseph Ernest Potts, 32, pleaded guilty to assault on a federal officer as charged in an indictment. Potts faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Nov. 16. Potts was detained pending further proceedings.

The government alleged in court documents that on Aug. 15, 2021, Potts was in custody at the Browning jail, which is a federal correctional facility operated by the Bureau of Indian Affairs. A corrections officer, identified as John Doe, was supervising male inmates as they returned to their respective cells from the dayroom. Doe saw Potts pacing back and forth between his cell and a cell across the hallway. Potts then grabbed the officer around the neck and began struggling with him, attempting to put the officer in a chokehold. Other inmates had to intervene and pull Potts off the officer. The officer reported pain and discomfort for more than a week after the assault.

Assistant U.S. Attorney Kalah A. Paisley is prosecuting the case. The FBI, Bureau of Indian Affairs and Blackfeet Law Enforcement Services conducted the investigation.

Beaumont Paul Stewart Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Billings, on September 27, 2012, before Chief U.S. District Judge Richard F. Cebull, Beaumont Paul Stewart, a 43-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. Stewart was sentenced to a term of:

■Prison: 97 months

■Special assessment: $100

■Supervised release: five years

Stewart was sentenced in connection with his guilty plea to aggravated sexual abuse.

In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:

In December 2011, a young child told her mother that Stewart had touched her and pointed to her genital area. The victim was subsequently taken to a hospital for a medical exam.

The attending pediatrician conducted the medical exam. During the exam, the victim made specific disclosures about Stewart touching her on her “privates.” The victim also drew pictures indicating where Stewart touched her.

The sexual abuse took place at a residence within the exterior boundaries of the Crow Indian Reservation.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Stewart will likely serve all of the time imposed by the court. In the federal system, Stewart does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 perfect of the overall sentence.

The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.

Fort Yates Man Sentenced for Distribution of Marijuana

BISMARCK, ND—U.S. Attorney Timothy Q. Purdon announced that on September 24, 2012, Joseph C. Ramirez III, 26, of Fort Yates, North Dakota, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of distribution of marijuana.

Judge Hovland sentenced Ramirez to serve six months concurrent with his state sentence, to be followed by 18 months of supervised release. Ramirez was ordered to pay a $100 special assessment to the Crime Victim’s Fund.

On July 21, 2011, while at Prairie Knights Casino, Ramirez was found to have in his possession approximately 90 grams or more of marijuana.

The case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Standing Rock Agency, and North Dakota Parole and Probation.

Assistant U.S. Attorney Gary Delorme prosecuted the case.

Wakpala Man Sentenced in Sexual Assault Case

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota man charged with sexual abuse with a person incapable of consenting was sentenced on September 17, 2012, by United States District Judge Charles B. Kornmann. Lyle Baker, age 53, was sentenced to 135 months in custody, five years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

Baker was indicted by a federal grand jury on October 12, 2011, and pled guilty to the charge on June 20, 2012.

The conviction stems from an incident that took place in May 2011 when Baker sexually assaulted a young woman in Wakpala, South Dakota.

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. The case was prosecuted by Assistant United States Attorney Mikal Hanson.

Baker was remanded to the custody of the United States Marshals Service.

Rapid City Man Pleads Guilty to Conspiracy to Distribute a Controlled Substance

United States Attorney Brendan V. Johnson announced that Lyle Ferguson, age 48, of Rapid City, South Dakota, appeared before United States Magistrate Judge Veronica L. Duffy on September 13, 2012, and pled guilty to one count of a superseding indictment that charged him with conspiracy to distribute a controlled substance. The maximum penalty upon conviction is 40 years of imprisonment and a $5,000,000 fine.

The charge relates to Ferguson conspiring with others to distribute more than 100 kilograms of marijuana in South Dakota and elsewhere. The investigation was conducted by the FBI, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant United States Attorney Ted McBride.

A presentence investigation was ordered, and a sentencing date was set for December 21, 2012. The defendant was remanded to the custody of the United States Marshals Service pending sentencing.

Non-Native Resident of Pojoaque Pueblo Arrested on Child Pornography Charges

ALBUQUERQUE—Yesterday, the FBI arrested Johncarlos Ortiz, 39, on a criminal complaint alleging child pornography charges, announced U.S. Attorney Kenneth J. Gonzales. Ortiz, a resident but not a member of Pojoaque Pueblo, New Mexico, made his initial appearance in federal court in Albuquerque this morning. During today’s proceedings, Ortiz entered a not guilty plea and waived his right to a preliminary hearing. He was ordered detained pending trial.

The complaint alleges that Ortiz possessed and distributed child pornography on Sept. 11, 2012, at his residence in Pojoaque Pueblo. According to the complaint, the investigation of the case was initiated in July 2012, after the National Center for Missing & Exploited Children (NCMEC) received information that images consistent with child pornography had been posted on a social networking site. The NCMEC sent the tip to the New Mexico Attorney General’s Office (NMAGO). In early August 2012, after determining that the images were posted using an e-mail account subscribed to Ortiz, the NMAGO and the New Mexico Internet Crimes Against Children (ICAC) Task Force contacted the FBI. The complaint alleges that, on September 11, 2012, the FBI executed a federal search warrant at Ortiz’s residence and seized a computer and a computer flash drive that allegedly contain images consistent with child pornography.

If convicted of the distribution offense, Ortiz faces not less than five years and not more than 20 years of imprisonment. If convicted of the possession offense, Ortiz faces a maximum 10-year term of imprisonment.

The case was investigated by the Albuquerque Division of the FBI, the NMAGO, the New Mexico ICAC Task Force, and the New Mexico Regional Computer Forensics Lab, with assistance from the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency, and the Pojoaque Pueblo Tribal Police Department.

The case, which is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case also was brought as part of the NM ICAC Task Force whose mission it is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state, and local law enforcement agencies associated with the task force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

Charges in criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.