Oglala Sioux Tribe councilman Don Garnier has been indicted in New Mexico on a federal charge of possessing marijuana with intent to distribute it.

Garnier, 38, and Anthony Leo Vocu, 42, were arrested Sept. 19 on Interstate 25, near Raton, N.M.

Vocu also was charged. In addition, the two men face charges of conspiracy and aiding and abetting a crime - all felonies.

Garnier and Vocu, who are not in custody, were issued summons to appear before a federal magistrate in Albuquerque next Thursday, according to court documents.

The charge for "intent to distribute less than 50 kilograms of marijuana" (less than about 110 pounds) is punishable by a fine of up to $250,000 and up to five years in prison.

Authorities found 21 pounds of marijuana in the trunk of the car Vocu was driving. Garnier was the only passenger.

Garnier and Vocu were stopped at a checkpoint for driver's licenses, registrations and proof of insurance. Garner and Vocu seemed nervous, according to a police report, so officers got a search warrant.

Garnier told officers at the scene he did not know there was an illegal substance in the car.

The Oglala Sioux Tribe's constitution calls for removal of an official convicted of a felony. The Rapid City Journal was unable to reach tribal officials on Friday.

Contact Bill Harlan at 394-8424 or at bill.harlan@rapidcityjournal.com