United States Attorney's Office for the District of South Dakota

04/23/2026 | Press release | Distributed by Public on 04/23/2026 13:16

Three Individuals Sentenced for Separate Federal Gun Crimes in Rapid City

RAPID CITY - United States Attorney Ron Parsons announced today that U.S. District Court Judge Camela C. Theeler has sentenced three individuals for separate gun crimes. The individuals were sentenced on April 20, 2026.

Oscar Ortiz-Romero, 34, a Mexican national, was convicted of Possession of a Firearm and Ammunition by a Prohibited Person and sentenced to time served after having been held for over a year. Ortiz-Romero was pulled over by the Box Elder Police Department on March 15, 2025, for speeding. He was driving while intoxicated. Ortiz-Romero is in the United States unlawfully and is expected to be deported. In the vehicle, Ortiz-Romero had a loaded pistol and, in his pocket, had ammunition. It is unlawful for an illegal alien to possess a firearm or ammunition. Ortiz-Romero was immediately turned over to Immigration and Customs Enforcement authorities.

Avalon Gayton, 23, of Rapid City, was convicted of Possession of a Firearm by a Prohibited Person and sentenced to four years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. On September 5, 2025, Rapid City police officers initiated a traffic stop on Gayton's vehicle. Gayton had a pistol in her possession. She had been previously convicted of a crime punishable by over a year in prison. It is a federal felony to possess a firearm or ammunition after such a conviction.

Ashton Shaw, 20, of Rapid City, was convicted of Receipt of a Firearm While Under Indictment and sentenced to five years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. On June 12, 2025, Rapid City police officers responded to a report of shots fired from a vehicle. Law enforcement found the vehicle and determined Shaw had been inside it moments earlier. Officers found a stolen pistol with an extended magazine inside the car. Shaw received and possessed this pistol after being indicted with a felony in South Dakota State Circuit Court. It is a federal felony to receive a firearm while charged for such a crime.

"These cases reflect this Administration's ongoing commitment to reducing gun violence and keeping our communities as safe as they can possibly be," said U.S. Attorney Parsons. "It is illegal under federal law for a convicted felon to possess a gun or ammunition, for an illegal alien to possess a gun or ammunition, and for someone under indictment for a felony to acquire a gun or ammunition. If you are aware of a felon in possession of a gun, or any other violation of federal gun laws, please report it to law enforcement right away. You can do so without giving your name and you may well be saving someone's life."

These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department's Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN). Through PSN, the District of South Dakota seeks to bring together all levels of law enforcement and the communities they serve to reduce gun violence and make our neighborhoods safer for everyone.

The first case was investigated by Homeland Security Investigations, and the Box Elder Police Department. The second and third cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Schroeder prosecuted these cases.

All three individuals were immediately remanded to the custody of the U.S. Marshals Service.

United States Attorney's Office for the District of South Dakota published this content on April 23, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on April 23, 2026 at 19:16 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]