Protest for Marc Wisecarver May 14, 2010

A protest in support of Marc Wisecarver was held in front of the federal building in Rapid City, South Dakota, on May 14, 2010. Members of the news media were invited and there were almost as many reporters present as there were protestors. Mitch Wisecarver and his mother spoke to the reporters and they gave out information packets to help inform the reporters and observers about Marc’s situation.

Video clips, pictures, and short articles about the protest appeared on news casts and in the local papers. However, as it is with most news reports, the whole story is still a mystery to the general public. The protesters displayed signs that called for an investigation of the judiciary in west river South Dakota area. Other signs called for the release from incarceration of Wisecarver. At least one placard implied that racism could be a cause for the injustice the protesters were trying to bring to light. The reality of the situation is that the protesters don’t know why this situation has evolved the way it has and they are asking for an answer to that question as well as the release of Marc Wisecarver.

The protesters and the Wisecarver family point out the constitutional issues of Marc’s legal case. The incident that the case is based on occurred on Wisecarver’s horse ranch. Wisecarver does not dispute the facts of the incident, but stands fast in his assertion that he was protecting himself and his property, as allowed by tribal, state, and federal law. The case was dismissed from tribal court on the basis of self defense. In federal court, Wisecarver was found not guilty of an assault charge levied against him for this incident. Apparently, on an additional charge the court instructed the jury to find Marc guilty of depredation of government property if the jury agreed that he had used justifiable force. The conviction based on that instruction was reversed on appeal and the case has been remanded back to the lower court.

This is the third attempt to convict Marc of an alleged crime associated with his act that it appears the jury agrees was self defense, using justifiable force. Marc has been incarcerated for fifteen months. In the meantime, the BIA agent that Marc says was trespassing has not been charged or investigated. The situation inspires more questions than it provides answers for. Currently, there are numerous groups that assert that certain portions of our United States Constitutional rights are under attack, one specifically, the right to bear arms in defense of our persons and our property. Equal justice under the law is also hard to identify in certain elements of this case.

Wisecarver case is a Constitutional issue

More people seem to agree that Marc Wisecarver's case is an injustice and affront to the Constitution. Check out this article at the Decorum Forum.

An Update on the Wisecarver Case

May 10, 2010

We encourage ALL who believe we have the right to defend ourselves and the U.S. Constitution to attend this Press event. The effects of this case affect everyone, not just Native Americans. Your presence will help get the word out. Please come at 11:30 AM as the event begins at noon. Please send this on to others who might be interested.

Thank you.

Charmaine White Face


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Notice to the Press

Two years ago, on April 29, 2008, Marc Wisecarver was working on his vehicle at his place in the country on the Pine Ridge Indian Reservation when a pickup truck roared past his house, ignoring 'No Trespass" signs, went into the lower pasture, and began chasing his horses. Wisecarver ran after the pickup shouting for it to stop. When he couldn't get the driver's attention, he retreived his rifle and fired it into the air. The driver of the truck finally quit chasing the horses, and turned his vehicle on Wisecarver. After a shouting match, the driver appeared ready to run over Wisecarver who fired a shot toward the ground through the radiator. Finally, the driver stopped the vehicle.

The driver is a black South African who works for the Bureau of Indian Affairs. Wisecarver is a member of the Oglala Sioux Tribe. On Jan. 29, 2009, an all white jury in federal court in Rapid City acquitted Wisecarver of Assaulting a Federal Official by reason of self-defense. However, because of faulty jury instructions, and after asking for clarification three times, the jury was ordered to find Wisecarver guilty of Depredation of Government Property. Judge Richard Battey then sentenced Wisecarver to three years in prison and three years probation.

In February, 2010, the judges of the 8th Circuit Court of Appeals in St. Paul, MN, said that Wisecarver would have been acquitted of all charges had the jury received proper instructions. They redirected the local federal court to dismiss all charges. However, the US Attorney has recharged Wisecarver, again, with Depredation of Government Property and a Hearing will be held on May 18th at 9:00 in the Federal Building.

This is the third hearing on this charge. As it is not a major crime, and because of the self-defense issue, the charge was dismissed in Oglala Sioux Tribal Court. Wisecarver is currently being held in the Pennington County Jail and has been imprisoned for more than 15 months.

A Press Conference will be held on Friday, May 14th, 2010, at 12:00 Noon in front of the federal building on Ninth Street between Main and St. Joseph Street in Rapid City.


For more information contact Charmaine White Face at bhdefenders@msn.com, or call 605-343-5387.

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