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SOUTH DAKOTA JUDGE’S RUSH TO JUDGMENT SHOWS HE THINKS NATIVE CHILDREN DO NOT MATTER

  

Category:  News & Politics

Via:  1stwarrior  •  8 years ago  •  13 comments

SOUTH DAKOTA JUDGE’S RUSH TO JUDGMENT SHOWS HE THINKS NATIVE CHILDREN DO NOT MATTER

http://nativenewsonline.net/opinion/south-dakota-judges-rush-to-judgment-shows-he-thinks-native-children-do-not-matter/

COMMENTARY

US Justice Department should intervene and investigate Crimes Against American Indian children

South Dakota Fourth Circuit Court Magistrate Judge Eric Strawn ruled on Thursday that Trace O’Connel, 41, will not spend a day in jail if convicted of the misdemeanor charge of disorderly conduct. The charge carries up to a $500 fine and a 30-day jail sentence.

O’Connell is the man who sprayed beer on a group of 57 American Indian students from the Pine Ridge Indian Reseration at a Rapid City Rush hockey game on January 24, 2015. O’Connell was part of a group in the corporate suite owned by Eagle Sales of the Black Hills, which is the Anheuser Busch distributor for the region.


AS THE HOCKEY GAME, PROGRESSED THE GROUP BECAME MORE AND MORE INTOXICATED AND ROWDY ACCORDING TO WITNESSES. EVENTUALLY MEMBERS OF THE GROUP BEGAN TO TAUNT THE AMERICAN INDIAN STUDENTS WITH RACIAL STATEMENTS. ALLEGEDLY O’CONNELL TOLD THE CHILDREN TO “GO BACK TO THE RESERVATION.” HE ALSO ALLEGEDLY SPRAYED BEER ON THE GROUP OF 57 LAKOTA STUDENTS.

Wisely, the parent and school staff chaperones of the students removed them from the hockey game during the third period to avoid the children being exposed to more drunk and disorderly behavior out the Eagle Sales of Black Hills corporate group. Members of the party informed security at the Rushmore Civic Center what occured.

After several weeks of investigation, O’Connell was the only person arrested for his racist behavior. Several of the American Indian students were able to identify him in photos shown to them by law enforcement investigators.

O’Connell was the only one arrested out of the intoxicated group of hockey fans. He is the softball coordinator for Philip, South Dakota according to the  town’s website .

On Thursday, O’Connell did not appear in court where there was a continuation hearing to delay his trial. The trial delay is necessary to allow his new attorney to review the case. O’Connell’s former attorney, Patrick Duffy, passed away unexpectedly earlier this month.

At the continuation hearing, Judge Strawn set the date for the trial to begin on July 22, 2015.

It was at the continuation hearing he made his judgment call to declare there would be no jail time even if O’Connell is convicted. He took jail time off the table according a spokesperson for the court.

With a “no jail” time sentence, there was no longer a need for a jury trial according to South Dakota law. Therefore, Judge Strawn will determine the verdict and impose sentencing if O’Connell is found guilty.


JUDGE STRAWN’S DECISION TO IMPOSE NO JAIL TIME IS A RUSH TO JUDGMENT AND CLEARLY DEMONSTRATES HE HAS LITTLE CONCERN ABOUT JUSTICE ON BEHALF OF THE AMERICAN INDIAN STUDENTS. HIS RUSH TO JUDGMENT SHOWS HE – NOR THE JUSTICE SYSTEM IN SOUTH DAKOTA – THINK THE WELL-BEING OF NATIVE CHILDREN DOES NOT MATTER.

The judge appears to be more concerned about keeping the drunk and racist O’Connell out of jail, than he is about justice for American Indian children.

One has the right to ask: How can some drunk spray beer on children—regardless of the color of their skin— without having to severely disciplined and punished? Hurting children is no small matter. Actually more severe sentences are imposed by judges when crimes are committed against children.

One has the right to ask: Wouldn’t it be nice if jail time was taken off the table for all criminal charges? Then, no one would ever have to worry about going to court. It could save taxpayers a whole lot of money. Of course, there is something wrong with that scenario – just as there is something grossly wrong with Judge Strawn taking jail time off the table for the brut O’Connell.

In March, the Oglala Sioux Tribe from the Pine Ridge Indian Reservation asked the U.S. Justice to intervene in this particular case. The Tribe wants the Justice Department to bring hate crime charges against those in the Eagle Sales of Black Hills corporate box.

Since the State of South Dakota cannot seem to protect American Indians, it is time for the Justice Department to intervene  and to investigate all aspects of this civil rights case.

Judge Strawn was appointed to the Fourth Judicial Circuit Court in November 2014.


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1stwarrior
Professor Participates
link   seeder  1stwarrior    8 years ago

"In March, the Oglala Sioux Tribe from the Pine Ridge Indian Reservation asked the U.S. Justice to intervene in this particular case. The Tribe wants the Justice Department to bring hate crime charges against those in the Eagle Sales of Black Hills corporate box.

Since the State of South Dakota cannot seem to protect American Indians, it is time for the Justice Department to intervene  and to investigate all aspects of this civil rights case."

Technically, it's not a civil case - it's a criminal case as harm was intended by O'Connell's actions. 

 
 
 
Kavika
Professor Principal
link   Kavika     8 years ago

Screw SD, bring in the fed's.

 
 
 
Randy
Sophomore Participates
link   Randy    8 years ago

IMHO it's a clear cut case of a hate crime and I hope the Justice Department agrees and he spends at least some time in jail.

 
 
 
1stwarrior
Professor Participates
link   seeder  1stwarrior    8 years ago

This judge is known to have denied hearing or vacating 97% of his cases against Native American complaints.

 
 
 
Randy
Sophomore Participates
link   Randy  replied to  1stwarrior   8 years ago

This judge needs to go. Do they elect or appoint judges up there? If it's elect, then someone needs to run against him hard!

 
 
 
1stwarrior
Professor Participates
link   seeder  1stwarrior    8 years ago

The South Dakota Supreme Court has appointed a new full-time magistrate judge for the Fourth Judicial Circuit.
    
Eric Strawn is a Marine Corps veteran, and a graduate of Black Hills State University and the University of South Dakota School of Law.
    
Strawn has been serving as a part-time magistrate judge in the Fourth Judicial Circuit while also maintaining a private law practice.  He'll replace Judge Michelle Percy, who recently was elected to a circuit court judgeship.
    
The Fourth Judicial Circuit includes Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins and Ziebach counties.

 
 
 
Bob Nelson
Professor Guide
link   Bob Nelson    8 years ago

Couldn't the adults accompanying the kids have just gunned down the aggressors? "Stand your ground"??

Oh, wait, the aggressors are White and the victims are Brown... "Stand your ground" does not apply...

 
 
 
1stwarrior
Professor Participates
link   seeder  1stwarrior  replied to  Bob Nelson   8 years ago

Inappropriate attempt at derailing - stick to the topic Bob or don't comment at all.

 
 
 
Bob Nelson
Professor Guide
link   Bob Nelson  replied to  1stwarrior   8 years ago

I didn't notice any Red Rules ...   talk to the hand

 
 
 
1stwarrior
Professor Participates
link   seeder  1stwarrior  replied to  Bob Nelson   8 years ago

CoC is very applicable - no need for red rules.

Stick to the topic or stay off the thread.

 
 

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