Lead foot leads to drug convictions

By Heidi Bell Gease, Journal staff | Friday, September 12, 2008

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If they had obeyed the speed limit, two drug runners might not be headed for federal prison.

Instead, Jese Hernandez-Mendoza and Eddie Martinez were convicted of drug charges in a trial in U.S. District Court last week.

A jury found the men guilty of one count of conspiracy to distribute a controlled substance and two counts of possession with intent to distribute a controlled substance. Each charge requires a prison sentence.

Hernandez-Mendoza, 25, and Martinez, 32, were arrested on Feb. 29 after a South Dakota Highway Patrolman stopped them for speeding near Sturgis. Martinez told the trooper that the two – who were traveling in a car with Washington license plates – were driving to Iowa to visit a relative of Hernandez-Mendoza, but could not identify the relative or the town.

According to federal court documents, after a drug dog indicated drugs were in the car, law enforcement officers searched the vehicle. They found a false compartment in the rear of the car loaded with about 28 pounds of methamphetamine and 3 kilograms of cocaine.

According to the U.S. Attorney’s Office, each count of conspiracy and possession of methamphetamine with intent to distribute carries a mandatory minimum sentence of 10 years in prison with a maximum of life in prison and a $4 million fine. Possession of cocaine with intent to distribute is punishable by a mandatory minimum of five years up to 40 years in prison and a $2 million fine.

Sentencing was set for Nov. 24.

In other federal court news:

* David Eagle Bear, 25, Norris, was sentenced by U.S. District Judge Richard Battey to three years in prison and ordered to pay $600 restitution for engaging in a sexual act with a girl between 12 and 16 years old. Eagle Bear also was ordered to spend the rest of his life on supervised release. Eagle Bear, who was originally indicted on charges of aggravated sexual abuse and sexual abuse of a minor, pleaded guilty to abusive sexual contact.

* Angela Good Crow, 21, Pine Ridge, was sentenced by U.S. District Judge Karen Schreier to three years' probation and ordered to pay $2,500 in restitution for photocopying a valid prescription for Percocet, then presenting the forged copies to an Indian Health Services hospital to fraudulently obtain more pills. Good Crow pleaded guilty to making false statements relating to health care matters.

* Anthony Bobtail Bear Jr., 28, Little Eagle, pleaded guilty to assault resulting in serious bodily injury. Federal court documents show he admitted to using a bat to assault a man on July 17, 2007. The maximum penalty is 10 years in prison and a $250,000 fine. Bobtail Bear is in custody pending sentencing Dec. 8.

* Camille Touche, 32, Mobridge, pleaded guilty to an indictment charging her with assault resulting in serious bodily injury and aiding and abetting that assault. The maximum penalty is 10 years in prison and a $250,000 fine. The charge involved the assault of a Wakpala woman last fall. Touche was released on bond pending sentencing Dec. 8.

* Corrie Deleon, 21, and Lenee Yellow Elk, 40, both of Wanblee, have pleaded not guilty to charges of first-degree burglary and assault with a dangerous weapon. Federal court documents show they are accused of entering a woman’s home in Wanblee on July 13 and assaulting her with a bat. The maximum penalty upon conviction is 25 years in prison and a $250,000 fine. No trial date was set.

* Marc Wisecarver, 38, Manderson, pleaded not guilty to assault of a federal officer. According to the U.S. Attorney’s Office, he is accused of assaulting a Bureau of Indian Affairs soil conservation officer while the officer was performing a routine field check. The maximum penalty upon conviction is 20 years in prison and a $250,000 fine. Wisecarver was released on bond pending trial.

Editor's note: The U.S. District Court generally prosecutes felonies committed on reservations, while tribal courts handle misdemeanor crimes. Felonies that happen off the reservation are prosecuted in state/circuit court and are reported separately in the Journal. Some drug and firearms cases also are prosecuted in federal court.