Sunday, October 21, 2018

Eagle Butte
Partly cloudy
Partly cloudy

Ziebach County Man Indicted on Methamphetamine and Firearm Charges

United States Attorney Randolph J. Seiler announced that a Ziebach County, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, and Possession of a Firearm by a Prohibited Person.

Jason Leo Fischer, age 33, was indicted on November 22, 2017.  He appeared before U.S. Magistrate Court Judge Mark A. Moreno on December 11, 2017, and pled not guilty to the Indictment.

The maximum penalties upon conviction are up to 20 years in custody and/or a $1,000,000 fine, three years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between June 1, 2016, and the date of the Indictment, Fischer knowingly and intentionally conspired with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine.  The Indictment further alleges that since June 1, 2016, Fischer used and maintained his residence for purposes of distributing and using a controlled substance.  Furthermore, it is alleged that on September 5, 2016, Fisher, an unlawful user of and addicted to a controlled substance, knowingly received and possessed a .22 caliber rifle, which had been shipped and transported in interstate commerce and foreign commerce, in violation of federal law.

The charges are merely accusations and Fischer is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Fischer was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 6, 2018.

Indictment: An indictment is a formal accusation against an individual suspected of committing a crime.

Arraignment: An arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea.

Sentencing: After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment (or sentence) during the sentencing phase of a criminal case.