Rosebud Man Indicted on Theft and Drug Charges | USAO-SD

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Theft in Connection with Health Care, Theft From a Tribal Organization, and Obtaining Controlled Substances by Deception.

Michael Brian Whirlwind Soldier, age 47, was indicted on September 9, 2020.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 15, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that between December 17, 2019, and July 28, 2020, Whirlwind Soldier, a paramedic and the director of the Crow Creek Ambulance Service, did knowingly and willfully embezzle, steal, and convert without authority to his own use hundreds of vials of fentanyl, morphine, and hydromorphone belonging to the Crow Creek Ambulance Service.

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

The investigation is being conducted by the U.S. Department of Health and Human Services, the Drug Enforcement Administration, the South Dakota Division of Criminal Investigation, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Whirlwind Soldier was released on bond pending trial.  A trial date has not been set.

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