--------------------------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 firstname.lastname@example.org, 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.