Bureau of Alcohol, Tobacco, Firearms and Explosives

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm and Possession of an Unregistered Firearm.

Wayne Kills Enemy, III, age 29, was indicted on February 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal 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 on November 4, 2019, at Mission, Kills Enemy, being an unlawful user of and addicted to a controlled substance, and having previously been convicted of a misdemeanor crime of domestic violence, knowingly possessed a firearm. The Indictment further alleges that at the same location and date, Kills Enemy knowingly possessed a weapon made from a shotgun, with a barrel of less than eighteen inches in length, which was not registered to him in the National Firearms Registration and Transfer Record.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case. Kills Enemy was released on bond pending trial. A trial date has not been set.

###