Five people arrested during a Thursday raid on the Pine Ridge Indian Reservation have pleaded not guilty to federal drug charges.
Kevin Walking Eagle, 35, Ken Walking Eagle, 36, Patrick Jack Long, 43, Marvin Hernandez, 39, and Doreen Brown, 33, were arraigned Friday in U.S. District Court. All are charged with conspiracy to distribute cocaine and marijuana, as well as distribution of a controlled substance.
Law enforcement agents from the Federal Bureau of Investigation (FBI), Division of Alcohol, Tobacco, Firearms & Explosives (ATF), Bureau of Indian Affairs and Oglala Sioux Tribe helped with the early-morning raid. Pine Ridge residents also reported a helicopter they said was spotlighting a home in the Crazy Horse Housing area south of the Pine Ridge Pizza Hut.
U.S. Attorney Marty Jackley declined to say much about the raid, citing the ongoing investigation, but did confirm use of the helicopter.
"Based upon officer and community safety concerns … additional resources were employed," he said Monday.
According to federal court documents, prosecutors requested that the case be sealed until after the defendants were in custody. The motion filed in U.S. District Court said potential witnesses in the case could be subject to intimidation if defendants knew the arrests were pending.
"Pretrial publicity of indictments creates a real risk of the flight of defendants prior to arrest," the motion states. "More importantly, the safety of the agents involved in serving arrest warrants on defendants is severely compromised when defendants are made aware of the indictments prior to arrest."
The case was unsealed Friday.
According to the indictment, all five defendants are charged with conspiracy to distribute both cocaine and marijuana. The cocaine charge carries a mandatory minimum of 10 years in prison and a maximum of life upon conviction. The marijuana charge is punishable by up to five years in prison upon conviction.
Ken and Kevin Walking Eagle are both charged with possession with intent to distribute cocaine, which carries a mandatory minimum penalty of five years in prison and a maximum of 40 years upon conviction.
In addition, Brown and Hernandez are each charged with one count of distribution of a controlled substance. Kevin Walking Eagle is charged with three counts of distribution and Ken Walking Eagle with two counts. Each count is punishable by up to 20 years in prison upon conviction.
Court documents show the five are accused in connection with a conspiracy that prosecutors say dates back to 1999.
All five co-defendants remain in custody. Court documents show that U.S. Magistrate Judge Veronica Duffy found a "serious risk" they would fail to appear in court and/or could pose a danger to the community.
A story in Friday's Rapid City Journal incorrectly identified a witness who reported hearing the helicopter over Pine Ridge early Thursday. He is Warren Weston Eagle. The Journal regrets the error.
Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com
Posted in Top-stories on Sunday, October 19, 2008 11:00 pm | Tags: Bell_gease, Pine_ridge, Drug_bust, Walking_eagle
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