Two South Dakota Men Indicted for Distribution of a Controlled Substance Resulting in Death

SIOUX FALLS - 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 a Sioux Falls, South Dakota, man and a Yankton, South Dakota, man for Distribution of a Controlled Substance Resulting in Death.

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

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

On or about between December 20, 2023, and December 22, 2023, in the District of South Dakota, the defendants, Evan Wylde Nelson and Udda Ambi Kobaba, a/k/a "Tayski," intentionally distributed fentanyl, a Schedule II controlled substance, and the distribution of said fentanyl resulted in the death of a victim.

In May of 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, which is a Class 5 Felony. The state charges will now 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 agreed, "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 is merely an accusation and Nelson and Kobaba are presumed innocent until and unless 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, and the 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.