Iowa and California Men Sentenced for Kidnapping, Firearm Offenses, and Controlled Substance Charges

United States Attorney Brendan V. Johnson announced that a Sioux City, Iowa man convicted of kidnapping and brandishing a firearm during a crime of violence and a Homeland, California man convicted of conspiracy to distribute and possess with intent to distribute a controlled substance and brandishing a firearm during a crime of violence were sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.

Marco Uribe, age 26, of Sioux City, Iowa, was sentenced to a total of 215 months of imprisonment, with the court ordering that 131 months on the kidnapping charge and 84 months on the firearm charge be served consecutively; five years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund. The court also ordered forfeiture of a 2003 Jaguar-XJ and three firearms.

Jose “Ivan” Garcia, age 26, of Homeland, California, was sentenced to a total of 130 months of imprisonment, with the court ordering that 46 months on the conspiracy charge and 84 months on the firearm charge be served consecutively; three years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.

Uribe and Garcia were initially indicted by a federal grand jury on February 14, 2012. Uribe pled guilty on May 9, 2013, to a superseding indictment charging him with kidnapping and brandishing a firearm during a crime of violence. Garcia pled guilty on May 20, 2013, to a superseding information charging him with conspiracy to distribute and possess with intent to distribute a controlled substance and brandishing a firearm during a crime of violence.

In 2011, Uribe brought Garcia to South Dakota to become a leader within Uribe’s drug distribution operation. In support of the conspiracy, Garcia hosted a party at his residence around December 23, 2011, where he provided cocaine to some of the people in attendance. At the party and elsewhere, Garcia supervised and recruited others to distribute cocaine. The drug quantity attributable to Garcia based on his role in the conspiracy was at least 50 but less than 100 grams of cocaine.

Following the party, Garcia’s trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Uribe and others kidnapped several individuals they suspected of the break-in and theft and took them to another location, where the victims were assaulted with shod feet and hit with firearms. Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash. The victims denied knowing anything about the thefts. The actual burglars were later apprehended.

On or about December 27, 2011, Garcia and others, as part of their continuing efforts to discover who had broken into Garcia’s residence and stole the drugs, travelled to a residence in Wakpala, South Dakota. When an occupant opened the door, Garcia pulled out a gun and asked for Dustin Swimmer. The door was slammed in his face, and he yelled for his “stuff” back. Garcia got back into his vehicle with the driver and fired shots at the residence as they drove away.

Also charged in this case were fve other defendants:

• Tim Stout, age 38, convicted of conspiracy to distribute and possess with intent to distribute a controlled substance, was sentenced on September 17, 2012, to 151 months of custody and three years of supervised release.
• Nathan Martin, age 31, convicted of conspiracy to distribute and possess with intent to distribute a controlled substance and assault with a dangerous weapon, was sentenced on January 4, 2013, to 105 months of custody and six years of supervised release.
• Amber Long Chase, age 33, convicted of conspiracy to distribute and possess with intent to distribute a controlled substance, was sentenced on January 4, 2013, to 105 months of custody and six years of supervised release.
• Anthony Brown Otter, age 25, convicted of assault with a dangerous weapon and brandishing a firearm during a crime of violence, was sentenced on January 4, 2013, to 125 months of custody and three years of supervised release.
• Dustin Swimmer, age 27, convicted of possession with intent to distribute a controlled substance, was sentenced on May 13, 2013, to 37 months of custody and three years of supervised release.

An eighth defendant, Andrew Kills Crow, age 22, is scheduled to be sentenced on October 7, 2013. Kills Crow pled guilty on May 28, 2013, to two counts of assault with a dangerous weapon.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs, Mobridge Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Uribe and Garcia were immediately turned over to the custody of the U.S. Marshals Service.