Friday, May 1, 2009

The Cost of Self Defense in South Dakota

A demonstration in support of Marc Wisecarver identified several issues that affect us all, even though it appears that the general facts concerning the case are not in dispute. It is not clear that justice has been served in this case by the sentence. According to the Sunday, April 26, 2009 Rapid City Journal article, Mr. Wisecarver was found not guilty of assault, but in his sentencing statement for the second charge conviction, the judge referred to the seriousness of the charge the defendant was found not guilty of. The comparison was made that in Indian Country, “this is just another example of what I see on a day-to-day basis.” Apparently, no mitigation by reason of self defense was considered by the judge or reference to the trespass that caused the confrontation that resulted in charges against Mr. Wisecarver.

The court takes into account other circumstances when imposing a sentence. This is reasonable, but what does “not guilty” mean when the charges an individual was acquitted from are still referred to in the sentencing for conviction on a separate charge? This becomes an important question for those of us who would like to defend ourselves and our property from trespass.

For more insights, information, and comments about this case visit the following websites:

http://www.lakota-aid.co.uk/lakotanews.htm

http://www.rapidcityjournal.com/articles/2009/04/27/news/local/doc49f61d46d8245096828837.txt
http://www.rapidcityjournal.com/articles/2009/04/25/news/top/doc49f327cdf4234810537299.txt?show_comments=true#commentdiv