{"id":37312,"date":"2024-07-12T15:39:03","date_gmt":"2024-07-12T20:39:03","guid":{"rendered":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/native-american-man-used-by-noem-as-alleged-proof-of-cartel-presence-takes-plea-deal-in-drug-case\/"},"modified":"2024-07-12T15:39:05","modified_gmt":"2024-07-12T20:39:05","slug":"native-american-man-used-by-noem-as-alleged-proof-of-cartel-presence-takes-plea-deal-in-drug-case","status":"publish","type":"post","link":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/native-american-man-used-by-noem-as-alleged-proof-of-cartel-presence-takes-plea-deal-in-drug-case\/","title":{"rendered":"Native American man used by Noem as alleged proof of cartel presence takes plea deal in drug case"},"content":{"rendered":"
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Charles Merrival (Photo courtesy Merrival family)\u00a0<\/em><\/p>\n<\/div>\n

RAPID CITY \u2013 Nearly two months after Gov. Kristi Noem used a photo of him as alleged proof that cartels have overrun tribal communities, a Rapid City man accepted a plea deal this week to a drug conspiracy charge.<\/p>\n

Charles Cain Merrival, a member of the Oglala Sioux Tribe, has been jailed in Rapid City for two and a half years and has only been free from jail for a few months since 2020, court records show.<\/p>\n

Noem flashed a photo of Merrival during a May 17\u00a0press conference<\/a>\u00a0in Pierre, at which she repeated claims that cartel members are selling drugs and trafficking people on Native American reservations in the state. The photo showed Merrival in a jacket emblazoned with references to motorcycle gangs.<\/p>\n

When contacted by South Dakota Searchlight about Noem\u2019s use of his photo, Merrival\u00a0denied<\/a>\u00a0having any connection to drug cartels. He said he hadn\u2019t been to Pine Ridge for years, that the photo Noem used was taken at a mall in Rapid City, and that the governor\u2019s actions \u201cdestroyed my ability to get a fair trial\u201d in a federal drug trafficking case.<\/p>\n

His mother, Darla Merrival, told South Dakota Searchlight she believes the governor chose to make an example of her son because he\u2019s a tribal member.<\/p>\n

Noem\u2019s office did not respond to questions from South Dakota Searchlight about her use of Merrival\u2019s photo prior to the publication of a June 12 story on his case. Spokesman Ian Fury did not reply to messages Tuesday seeking comment for this story.<\/p>\n

On Monday, Charles Merrival took a deal and pleaded guilty to a charge of conspiracy to distribute a controlled substance and saw his remaining charges, for distribution of a controlled substance and being a felon in possession of a firearm, dismissed.<\/p>\n

A factual basis statement filed Monday and signed by Merrival says he voluntarily joined a conspiracy to distribute 50 grams or more of methamphetamine in the Rapid City area, and that he\u2019d flashed a firearm in January of 2022 \u201cin furtherance of the drug distribution conspiracy.\u201d<\/p>\n

The conspiracy charge carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in federal prison. There is no parole in the federal prison system. Merrival\u2019s plea deal stipulates an eight year sentence.<\/p>\n

His sentencing is scheduled for Oct. 4 in Rapid City.<\/p>\n

In a text sent to South Dakota Searchlight through a jailhouse service provider, Merrival said prosecutors had filed what he described as a gag order that would have prevented his attorney from asking jurors about the media coverage surrounding Noem\u2019s cartel claims.<\/p>\n

\u201cThere was no way I was going to win,\u201d Merrival wrote. \u201cEspecially with them tying my hands about being able to ask jurors if they\u2019d seen the press.\u201d<\/p>\n

The U.S. Attorney\u2019s Office, which is prosecuting the case, filed a \u201cmotion in limine\u201d and a document supporting the motion on July 2. A motion in limine is meant to prevent or limit the use of certain arguments or evidence in a trial. The documents that would explain what prosecutors had hoped to limit at trial were sealed by a judge at the government\u2019s request.<\/p>\n

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Native American man used by Noem as alleged proof of cartel presence takes plea deal in drug case<\/a><\/p>\n<\/blockquote>\n