United States Attorney Dennis R. Holmes announced that a Brandon, South Dakota, man has been indicted by a federal grand jury for Attempted Enticement of a Minor Using the Internet.
Gatlin Wayne Herrera, age 29, was indicted on April 5, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 11, 2022, and pled not guilty to the Indictment.
The mandatory minimum penalty upon conviction is 10 years and a maximum of life in federal prison and/or a $250,000 fine, five years minimum of supervised release, up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between on or about March 7, 2022, and March 16, 2022, Herrera attempted to use a cell phone to knowingly persuade, induce, entice, and coerce an undercover agent posing as a 14-year-old female, to engage in sexual activity.
The charge is merely an accusation and Herrera is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations, with the assistance of the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Highway Patrol, Air Force Office of Special Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Herrera was released on bond pending trial which has been set for May 24, 2022.