Sioux Empire Today

United States Attorney Alison J. Ramsdell, South Dakota Attorney General Marty Jackley, and authorities in Clay and Yankton Counties announced that a federal grand jury has indicted two men from South Dakota for the distribution of a controlled substance resulting in death.

Evan Wylde Nelson, 18, and Udda Ambi Kobaba, 19, were indicted in August 2024. Nelson appeared before U.S. Magistrate Judge Veronica L. Duffy on August 29, 2024, while Kobaba appeared before the same judge on August 30, 2024. Both pleaded not guilty to the indictment.

The maximum penalty upon conviction includes a mandatory minimum of 20 years in custody up to life imprisonment, a fine of up to $1,000,000, a mandatory minimum of three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

Between December 20 and December 22, 2023, in the District of South Dakota, Nelson and Kobaba allegedly distributed fentanyl, a Schedule II controlled substance. The distribution resulted in the death of a victim.

In May 2024, Nelson was indicted by a Yankton County Grand Jury on three felony counts: one count of Distribution of a Controlled Substance to a Minor Resulting in Death; one count of Distribution of a Controlled Substance to a Minor; and one count of Unauthorized Possession of a Controlled Substance. These state charges will be dismissed due to the federal indictment.

“We appreciate the working relationship with all of the agencies involved,” said Attorney General Jackley. “Fentanyl cases, especially ones leading to death, need to be strongly prosecuted by all law enforcement agencies and prosecutors.”

U.S. Attorney Alison Ramsdell concurred: “We are fortunate to have good working relationships with our state counterparts which allows law enforcement agencies to seek federal prosecution when appropriate. Here where it is alleged that the distribution of fentanyl resulted in the death of a minor victim, the U.S. Attorney’s Office will aggressively pursue a just result in federal court.”

The charge remains an accusation and both Nelson and Kobaba are presumed innocent until proven guilty.

Agencies involved in the investigation include the South Dakota Division of Criminal Investigation, Clay County Sheriff’s Office, Vermillion Police Department, Yankton Police Department, Drug Enforcement Administration (DEA), and Sioux Falls Area Drug Task Force. Special Assistant U.S. Attorney Mark Joyce is prosecuting the case.

Nelson and Kobaba were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

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