UPDATE - MARC WISECARVER CASE

Two years ago, on April 29, 2008, a total stranger rapidly drove past "No Trespass" signs on the north side of Marc Wisecarver's place as he worked on his vehicle. Marc lives in the country nine miles from the nearest village, Manderson, and grew up on the land in the Pine Ridge Indian Reservation. Marc tried to chase the man down on foot to learn why the stranger was there. Instead, the man, driving a black pickup truck, totally ignored him, went around the house and down into a field where Marc's horses were grazing. The man immediately began chasing the horses in a tighter and tighter circle. The horses had never been chased by a vehicle as Marc has only approached them on foot, and they are so gentle they follow him around like puppies.

As Marc knew the police would require 45 minutes to an hour to respond to an emergency call, he ran into his house and retrieved his rifle. He fired one of six bullets into the air. The man finally noticed him and sped uphill toward him. When Marc asked the man if he know that he was trespassing, the man said he was surveying. Marc said, "No, you're chasing my horses." The man said he didn't trespass as he came in from the southeast gate. Marc knew the gate was not to the southeast but directly south, and was wired shut because of a huge erosion ditch that made it unpassable.

The man said he was from the government but didn't have any identification. Instead he gave Marc a phone number to call to verify who he was. That excuse is used many times by scam artists and burglers when their friends answer the phone. Marc responded with "No, your trespassing and chasing my horses, now leave."

The man revved his engine and Marc stepped back as the man reached for the gear shift. Marc didn't know what was going to happen next. He didn't know if the man was going to try to run him over in that remote area with no one around and became fearful for his life. He knew he couldn't outrun the pickup truck as he was hemmed in on both sides by barbed wire fences. That's when he shot a hole into the ground through the radiator.

The man finally exited the vehicle and said, "You shot my tire," as he heard the hissing sound. Marc said, "No, I shot your radiator." The man said, "You just shot a g overnment vehicle." Marc said he didn't care if it was a government vehicle since the man was trespassing. Marc was still fearful of the man and tried to keep the vehicle between himself and the man.

Marc told the man to walk off the property. Instead, he started to approach Marc again, and asked if he could use Marc's phone. Marc told him to leave again. Clearly, the man was not afraid of Marc, but Marc didn't know who this person was, or what he was going to do next. He wondered why he was chasing his horses and if he had stolen the vehicle. The man had no identification that he was a government employee, nor were there any markings on the truck.

The man went back inside his pickup truck, gathered some papers together, and then headed for the southeast corner of the property about 200 yards away and a driveway which led to the highway.

Marc returned to the vehicle he was working on and called the police. When the police came half an hour later, Marc showed them the truck he shot, approximately where he was standing, and the shell casing. He handed over his rifle as requested, and wrote a statement. The man never did call the police.

The man, Duke Bourne, a native of Guyana, was a Soil Conservation Technician for the Bureau of Indian Affairs. In Oct., 2008, the Oglala Sioux Tribal Court dismissed the charge of Destruction of Government Property, an offense within their jurisdiction. Two months later, Marc was charged in Federal court with the charge of Depredation of Government Property as well as Assault of a Federal Official. Marc was acquited by a j ury of the Assault charge by reason of self-defense.

However, because Judge Richard H. Battey did not believe Marc was innocent, even though a 12-member jury had acquitted him, the jury was given instructions to find Marc guilty of Depredation of Government Property without the self-defense clause. The jury had no choice but to find Marc guilty. Yes, he did shoot the pickup truck but the reason was not allowed. Judge Battey after three months of keeping Marc in the Pennington County jail then sentenced Marc to three years in prison. He was moved to a federal prison in Big Spring, Texas.

The case was appealed and three judges of the 8th Circuit Court of Appeals, during the oral arguments, stated that Marc would have been acquited of all charges had the proper jury instructions been given. The Appeals Court then said all charges should be dismissed. Instead Judge Battey kept Marc imprisoned and the US Attorney once again charged Marc with Depredation of Government Property, a clear violation of Article 5 of the Amendments to the Constitution of the United States of America regarding double jeopardy, and overstepping the authority of the Oglala Sioux Tribe which had clear jurisdiction of the charge.

On Wednesday, May 19, 2010, a jury, given wrongful instructions again by Judge Richard H. Battey, found Marc Wisecarver guilty of Depredation of Government Property. His Sentencing Hearing will be held on August 10, 2010, at 9:00 AM in the Federal Courthouse on 9th Street in Rapid City, SD. The Appeal cannot be filed until after Aug. 10th. Marc will be imprisoned almost 19 months by then… for defending himself.

This case sets a dangerous precedent by allowing anybody to trespass onto any American citizen's property, say they are a government official without showing any identification or a warrant, and the American citizen will be charged if they try to protect themselves or their property. As a federal court case, it will also affect state laws such as SD law which allows for protection of your self and your property.

What you can do:

1. On the Internet go to http://www.uscourts.gov/faq.html for information on how to file a complaint against a judge.

2. Contact President Barack Obama, Attn: Jodie Archambeault, 1600 Pennsylvania Ave., Washington, DC 20500 demanding an immediate investigation of all the cases of Judge Richard H. Battey and the entire Justice system in western South Dakota.

3. Letters can be sent to: Marc Wisecarver, Pennington County Jail, 307 St. Joseph St., Rapid City, SD 57701-2889 Books sent from book stores can also be sent to this same address.

Every American citizen needs to get Involved! Your rights are at Risk!

Every one who believes in Justice, please show your support.

Here is an excellent article on Examiner.com

This was written during the protest. Will be sending another update soon.