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Two years ago, on April 29th, 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 retrieved 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
There is a little more info here and here. I found these by inquiring "Wisecarver Rapid City" on Google.
Here is a link to a pdf of the Eighth Circuit's decision vacating the conviction.
31 comments:
His rights have been clearly violated. Wish I could be at the press conf. Judges like Battey need to be DISROBED!
I've been following this case and have seen what is had done to his family who often times feels so helpless. My thoughts and prayers go out to him and his brother, Mitch.
With the information given here, it appears that Battey erred grossly in both instructions and sentencing.
Surely there is more to this.
What is the rest of the story? How and why did this "vendetta" start?
BMW, there are now links to somewhat more informative stories posted at the bottom of the topic article.
Lauren, maybe you can expand. Was the pickup marked as a government vehicle?
Where did shitbastard go?
It offended Mike's sensibility of honor to The Court.
Only in South Dakota can you wear a 'Native Pride' t-shirt and be praised by the establishment and yet go to jail for defending your native land.
It offended my sensibility to keeping some decorum on the forum. It has been my hope to maintain adult conversation here. That can be done without calling ANYONE a shitbastard.
And I think that calling a shitbastard a shitbastard is adult conversation.
I notice that The New Yorker, the "best magazine that ever was," is using m**********r quite a little.
The New Yorker is, of course, the arbiter of all that is adult conversation.
I like this quote from the Court of Appeals opinion: “As has been repeatedly emphasized, the words that a judge says, particularly to a jury, are very important.” United States v. Wisecarver, 598 F.3rd 982, 989 (8th Cir. 2010)
Is someone hears anything about what was said at the press conf. please post. thank you
so sad, His rights have been clearly violated. Wish I could be at the press conf,My thoughts and prayers go out to him and his brother, Mitch.
no surprise here look at the SUE dinosaur case
It is not he first time this SOB has been unfair. Just watched the movie Dinosaur 13, and he is named and shamed. Hopefully he'll die a horrendous death and suffer for years, as he deserves. A shame (again) for the USA gov. to name this kind of bastards Judges. Unbelievable the lack of criteria of the government. Even after all the atrocities, the mistakes your gov. can do still amazes me. I feel for you having to live and survive it, in such an amazing ad beautiful country too. Good luck, hope all comes out well.
I have just seen the movie about Sue and everything described that happened. Richard Battey he was not something US should be proud over that you have in your system. Feel sorry fore some people . Fr.o.m. Sweden
Richard Battey ist a terrible ugly person shame on you for peter Larson
The "honorable" Richard Battey was threatened by the true greatness of Pete Larson discovering something as truly great and important as the T-Rex fossil "Sue", and in his backwater small thinking way, (and he had probably had old boy network friendship ties to Maurice Williams) used stupid "make it up as you go along" to ruling the fossil was land and belonged to the liar Maurice Williams. But that's not the worst of it. The worst of it is him sentencing Pete Larsen to 2 years in a Maximum security Penitentiary for not filling out a form. How much power can you use to appease your petty ego?? The 7.8 million dollars that Maurice Williams collected for the fossil at Sotheby was probably drunk up in fine whisky together with Battery and Williams.. It's all blood money. Btw This T. Rex case should have gone to the Supreme Court. Why doesn't S. Dakota pull it together and disrobe him or send Judge Battey to prison for 2 years for not filling out papers?
This judge is one of the thousands who are running the judicial system and live off our tax money to make their reprehensible decisions. Yes watch Dinosaur 13, watch Divorce Corp., and other movies that involve judges and you will see how disgusting these judges are. Don't forget they go all the way to the top. The US Supreme court is no different; these are the morons that ruled a corporation is like a person. History teaches us over and over that when justice is perverted, the society goes under eventually. I do hope this judge and the thousands like him pay dear prices in this lifetime and the next for having destroyed our families and communities for their egos. I hope they are judged one day as they judged.
a truly deplorable human, although i shudder at having to use that word for an unintelligent animal such as this. though this also sits uneasy with my as most animals would be more just that this man of "justice." men like this, that take positions for personal gain, who continuously make erroneous arguments and side with absurd opinions are the reason why this country will not survive the next decade. while they are sitting in their cushy houses and penthouse apartments reaping the rewards of decadence and fraud take solace in the fact that one thing separates you from them, and that is humanity. i would personally call for this man and others like him to be hung drawn and quartered, which would be too just for the likes of them, but would nonetheless be a fitting punishment for the crime of destroying their own country.
Agreed as there are countless distasteful, repulsive, hideous & horrid adjectives befitting Battey among the many dark souls entrusted with justice who so miserably fail in their job responsibilities and roles as if altogether oblivious and indifferent towards their oath or of the virtues, values, principles and ethics demonstrated by civilized, respectable and decent members of a society which is apparently in addition to their gross mistake and error in failing to recognize that divine justice does in fact exist of which holds each and every person responsible for every malicious act, violation and offense against every man, woman and child; as in the inevitable and inescapable end and upon their judgement day, nothing goes unnoticed and ultimately, justice is and will always be served.
I have met some of the sorriest judges in West Jefferson county Alabama. But this guys gives them all a good close race for NOT FOLLOWING THE LAW
There should be a special place in hell for this judge, the hottest place there is.
There should be a special place in hell for this judge, the hottest place there is.
This is an ugly judge and a shame.
I just found out that the evil pick died on May 6th 2017
The evil one is dead as of yesterday.
Feel free to leave comments of esteem at www.andersonfuneralhome.net
www.andersonfuneral.net
Just watched documentary on Sue. Absolutely incensed about this whole debarcle. We all know where Judge Battey has gone; certainly not heaven. What is wrong with people? How was he allowed to get away with this.
Disgusting, vengeful individual. Hope he is in a very uncomfortable place now alongside the numbskull who had him appointed.
I sure wish this dirty Judge was still alive so I could tell him what I thought of him.
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