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REPORT FOR PINE
RIDGE INDIAN RESERVATION, SOUTH DAKOTA |
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Accounting
For Native American Deaths
Pine Ridge Indian Reservation, South Dakota
Report of the Federal Bureau of Investigation Minneapolis Division
May 2000The Federal
Bureau of Investigation and its Agents in South Dakota can only
operate effectively where we have the trust and help of the American
people. For South Dakota, much of our work revolves around crimes
occurring in Indian Country. The trust and help of reservation
residents are vital to the accomplishment of our sworn duty.
For many years,
rumors of unresolved murders of Native Americans have come to
our attention. At times, these allegations represented that there
were hundreds of murdered Native Americans that had not been
investigated by the FBI. The names of murder victims were not
attached to the rumors and addressing the allegations could not
be accomplished.
In December
of 1999, the South Dakota Advisory Committee of the United States
Commission on Civil Rights (Commission) held a community forum
in Rapid City, South Dakota to discuss the criminal justice system
and how it impacts Native Americans. These allegations were proffered
during the hearings and the Commission was sufficiently impressed
by them to incorporate the allegation in its findings. (See Native
Americans in South Dakota: An Erosion of Confidence in the Justice
System, March 2000; p. 38)
Shortly after
the forum, the FBI received a list of fifty-seven names with
allegations that their deaths had not been investigated. This
list came from a number of media outlets and for the first time,
provided the FBI with specific information to address. We reviewed
our records of these deaths and found that most had been solved
either through conviction or finding that the death had not been
a murder according to the law. The remaining unresolved murders
were known to the FBI and remain under investigation.
The following
pages include the allegation and the results of our investigations.
The names of unindicted suspects and some other identifying information
must be excluded to protect privacy interests. It is hoped the
dissemination of this information will clear up allegations of
unresolved murders and protect the confidence the FBI must have
to accomplish its mission.
Douglas J.
Domin
Special Agent in Charge (May 2000)
Minneapolis Division
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Leon
L. Swift Bird
Allegation:
AIM member
killed at Pine Ridge by GOONs ["Guardians of the Oglala
Nation"].
Investigation
"ongoing."
Finding:
On 01/05/75,
Leon L. Swift Bird was killed near Pine Ridge, SD, by Dorothy
Iris Poor Bear. Poor Bear stabbed Swift Bird to death with a
knife. On 09/15/75, Dorothy Iris Poor Bear appeared in U.S. District
Court, Rapid City, South Dakota, and entered a guilty plea to
an indictment which charged her with Voluntary Manslaughter in
violation of Title 18, U.S. Code, Sections 1153 and 1112. On
the same date, Poor Bear was sentenced to the custody of the
Attorney General for a period of three years. Execution of the
prison sentence was suspended, and Poor Bear was placed on probation.
Lydla
Cut Grass
Allegation:
AIM member
killed at Wounded Knee by GOONs.
No investigation.
Finding:
On 01/05/76,
Lydla Cut Grass died at a residence in Wounded Knee, SD. Initial
information suggested that Cut Grass may have died as a result
of a beating that took place three weeks prior to her death.
An autopsy determined her death was not linked to the prior beating,
but was a result of over consumption of liquor.
Edward
Means, Jr.
Allegation:
AIM member
found dead in Pine Ridge alley, beaten.
No investigation.
Finding:
On 01/07/74,
Edward Means, Jr. was found dead in an alley behind the Wesleyan
Lakota Mission, Pine Ridge, South Dakota. The autopsy determined
the cause of death to be hypothermia related to acute alcoholic
intoxication.
Byron
DeSersa
Allegation:
OSCRO organizer
and AIM supporter assassinated by GOONs in Wanblee. Arrests by
local authorities resulted in two GOONs - Dale Janis and Charlie
Winters, serving two years of five year sentences for "manslaughter."
Charges dropped against two GOON leaders, Manny Wilson and Chuck
Richards, on the basis of "self-defense" despite DeSersa
having been unarmed when shot to death.
Finding:
Byron De Sersa
was shot and killed 01/31/76 while driving his motor vehicle
on the outskirts of Wanblee, SD. The defendants were acquitted
by a jury on 03/2/77. Codefendant Charles David Winters pleaded
guilty to being an accessory after the fact to second degree
murder and was sentenced to 5 years in prison. A juvenile defendant
was tried on second degree murder charges and found guilty by
a federal jury and was sentenced 05/16/77, under the Federal
Youth Corrections Act, 18 U.S.C. 4219.
Anna
Mae Pictou Aquash
Allegation:
AIM organizer
assassinated on Pine Ridge.
FBI involved
in attempt to conceal cause of death. Ongoing attempt to establish
"AIM involvement" in murder. Key FBI personnel never
deposed. Coroner never deposed.
Finding:
In September,
1976, Anna
Mae Pictou Aquash's partially decomposed body was discovered
in a remote area in the northeastern part of the Pine Ridge Indian
Reservation, South Dakota. Cause of death was determined to be
a gunshot wound to the head. The Aquash murder has been linked
by media reports to the RESMURS investigation. In June, 1975,
FBI SAs Jack Coler and Ron Williams were ambushed and killed
execution-style on Pine Ridge. The ensuing major case investigation,
RESMURS, resulted in the trial and conviction of Leonard Peltier,
and the trial and acquittal of two other individuals. Some attention
had been focused on Aquash for her possible knowledge of the
slayings. Rumors circulated that Aquash cooperated with the government
and was an FBI informant. These rumors were untrue. The coroner,
who died shortly after performing the autopsy on Aquash, was
not deposed. The Aquash murder has not been solved.
Lena
R. Slow Bear
Allegation:
AIM supporter
killed at Oglala by GOONs.
No investigation.
Finding:
On 02/06/76,
Lena R. Slow Bear was found dead beside a road near Pine Ridge,
South Dakota. The autopsy determined that death was caused by
alcohol intoxication and exposure.
Edward
Standing Soldier
Allegation:
AIM member
killed near Pine Ridge by "party or parties unknown."
No investigation.
Finding:
On 02/18/74,
Edward Joseph Standing Soldier died of a gunshot wound to the
abdomen. Investigation by the FBI revealed Standing Soldier died
of a .22 caliber gunshot wound fired by Gerald Janis.
Investigation
revealed that three juvenile subjects, including Standing Soldier,
were involved in an armed robbery in Janis' residence at Pine
Ridge, South Dakota. Janis shot Standing Soldier with a .22 caliber
rifle as a result of this armed robbery. The matter was presented
to a U.S. Grand Jury on 2/22/74, and a no bill was returned resulting
in no prosecution and the FBI investigation being closed.
Martin
Montileaux
Allegation:
Killed in
a Scenic, South Dakota, bar. AIM leader Richard Marshall later
framed for his murder. Russell Means also charged and acquitted.
Finding:
On 03/07/75,
Martin Montileaux died after being shot in the neck in a bar
in Scenic, South Dakota. Montileaux's dying declaration was "Russell
Means' friend" was the person who shot him. Russell Means
and Richard Marshall were arrested by the Pennington County Sheriff's
Office for the shooting of Montileaux. Scenic, South Dakota,
is approximately 20 miles north of the Pine Ridge Indian Reservation
border. The FBI had no investigative jurisdiction in this matter.
Hobart
Horse
Allegation:
AIM member
beaten, shot and repeatedly run over with automobile at Sharp's
Corners. No Investigation.
Finding:
Hobart Kenneth
Horse died on 03/27/77 from multiple gunshot wounds. Roger James
Cline was charged with the death on 03/28/77, and found guilty
of voluntary manslaughter on 09/08/77. Cline was sentenced to
10 years.
Stacy
Cotter
Allegation:
Shot to death
in an ambush at Manderson.
No investigation.
Finding:
Stacy Cotter,
true name Stacy G. Cortier, aka Stacy G. Cottier, was found 03/21/75
in Manderson, SD with numerous bullet wounds. Cortier was shot
sometime during the evening or early morning of 03/20-21/75.
Investigation revealed that after apparent arguments and a car
being shot up, Jerry Bear Shield may have been shot in the neck
by Cortier and Bear Shield in turn killed Cortier. Jerry Bear
Shield was convicted 10/23/75 upon a plea of guilty in U.S. District
Court, Rapid City, SD to an information charging violation of
18 USC, Section 1153 and 1112, Voluntary Manslaughter. Bear Shield
was sentenced to one year in custody.
Edith
Eagle Hawk (and her two children)
Allegation:
AIM supporter
killed in an automobile accident after being run off the road
by a white vigilante, Albert Coomes. Coomes was also killed in
the accident. GOON Mark Clifford identified as having also been
in the Coomes car, escaped. Investigation closed without questioning
Clifford.
Finding:
Edith Eagle
Hawk died 03/22/75. She died as a result of a two-car automobile
accident four miles north of Scenic, South Dakota, in Pennington
County, outside the exterior boundaries of the Pine Ridge Indian
Reservation. Her injuries described on her death certificate
indicate the immediate cause of death was a crushed chest.
This matter
was not investigated by the FBI because it occurred off the reservation,
outside of federal jurisdiction.
Cleveland
Reddest
Allegation:
AIM member
killed at Kyle by "person or persons unknown."
No investigation.
Finding:
Cleveland
Reddest died 3/26976, as a result of a hit and run accident 18
miles east of Kyle, South Dakota. Evidence points to Reddest
lying in the road before the accident. Two suspects were identified.
One of the individuals acknowledged driving the car. The case
was not prosecuted because there was insufficient evidence of
criminal conduct.
Jeanette
Bissonette
Allegation:
AIM supporter
killed by sniper at Pine Ridge. Unsuccessful attempt to link
AIM members to murder. No other investigation.
Finding:
Jeanette Bissonette
died 03/26/75, as a result of being shot about eight miles north
of Pine Ridge, South Dakota, when her car broke down. No positive
information was developed to identify the individual responsible.
Richard
Eagle
Allegation:
Grandson of
AIM supporter Gladys Bissonette killed while playing with loaded
gun kept in the house as protection from GOON attacks.
Finding:
Richard Eagle
died of a gunshot wound to the head which occurred on 03/30/75.
Eagle was shot with a .22 caliber sawed off rifle that he and
other children were handling at a relative's home on the Pine
Ridge Indian Reservation. The South Dakota U.S. Attorney's Office
declined to prosecute the case which appeared to be accidental.
Hilda
R. Good Buffalo
Allegation:
AIM supporter
stabbed to death at Pine Ridge by GOONs.
No investigation.
Finding:
Hilda R. Good
Buffalo was found dead 04/04/75, in her home in Pine Ridge. She
had a superficial stab wound on her neck and there had been a
small fire in her home. The autopsy determined the cause of death
to be carbon monoxide poisoning, acute alcoholism and other factors.
There was insufficient evidence of a crime to support filing
of criminal charges.
Jancita
Eagle Deer
Allegation:
AIM member
beaten and run over with automobile. Last seen in the company
of federal agent-provocateur Douglass Durham. No investigation.
Finding:
Jancita Eagle
Deer died near Aurora, Nebraska on 04/04/75. She was the victim
of a car/pedestrian accident, and her death was reported as accidental.
Since her death occurred outside the jurisdiction of the FBI,
no investigation was conducted by the FBI. However, a motor vehicle
accident report from the State of Nebraska indicated that Eagle
Deer was standing in a lane of traffic at night and was hit by
a driver who did not see her. The driver stopped, called for
an ambulance and police assistance at the time of the accident.
Priscilla
White Plume
Allegation:
Aim supporter
killed at Manderson by GOONs.
No investigation.
Finding:
Priscilla
White Plume was found dead 07/14/73. She was believed to have
been struck and killed in a hit and run accident, near Manderson,
South Dakota, by a vehicle. On 09/28/76, the South Dakota U.S.
Attorney's Office declined prosecution in this matter because
there was insufficient evidence to establish a Federal crime.
Further, there was inadequate information to identify a perpetrator.
In view of the declination, no further investigation was conducted
by the FBI.
Frank
Clearwater
Allegation:
AIM member
killed by heavy machine gun round at Wounded Knee.
No investigation.
Finding:
Frank Clearwater,
true name Frank J. Clear, was shot at a road block in Wounded
Knee, South Dakota, in April 1973 during a gunfight which started
when Federal agents were fired upon. They returned fire. Clearwater
died in a hospital on 04/25/73. The facts gathered indicated
Clearwater's death was the result of gunfire received from Federal
law enforcement officials after 6-8 individuals began firing
at Deputy U.S. Marshals at a road block on 4/13/73.
Roxeine
Roark
Allegation:
AIM supporter
killed at Porcupine by "unknown assailants."
Investigation
open, still "pending."
Finding:
Roxeine Roark,
a teacher at the Porcupine Day School, was shot in stomach with
a .357 magnum pistol at her residence in Porcupine, South Dakota.
Investigation revealed that Roark and a friend were handling
the weapon when it discharged accidentally. Roxeine died enroute
to the hospital. No prosecution was undertaken due to the lack
of sufficient evidence of a crime.
Buddy
Lamont (True
Name Lawrence Dean Lamont)
Allegation:
AIM member
hit by M16 fire at Wounded Knee and bled to death while pinned
down by fire. No investigation.
Finding:
Buddy Lamont,
aka Lawrence Dean Lamont (TN), was shot and killed 04/27/73 during
a gunfight with Federal officers at a roadblock in Wounded Knee.
The facts of the matter, along with the autopsy report, were
reviewed by the U.S. Attorney. No charges were filed.
Betty
Jo Dubray
Allegation:
AIM supporter
beaten to death at Martin, South Dakota.
No investigation.
Finding:
Betty Jo Dubray
died 04/28/76, approximately three miles north of Longvalley,
South Dakota, on Highway 73, in Washabaugh County, as a result
of a brain injury in an automobile/truck accident.
Her death
was the result of an automobile/truck accident, and no investigation
was conducted by the FBI.
Marvin
Two Two
Allegation:
AIM supporter
shot to death at Pine Ridge.
No investigation.
Finding:
Marvin Two
Two died in Portland, Oregon on 01/02/93. David Martin Two Two
died 05/06/76. A review of death certificates in all surrounding
counties in South Dakota and Nebraska reflect no record of his
death.
The FBI had
27 Agents assigned to Pine Ridge during that time and would have
addressed this case if Two Two had been murdered on Pine Ridge.
Julia
Pretty Hips
Allegation:
AIM supporter
killed at Pine Ridge by "unknown assailants."
No investigation.
Finding:
Julia Pretty
Hips was found 05/09/76, near the public school at Pine Ridge.
An autopsy was performed. The cause of death was attributed to
carbon tetrachloide poisoning which led to pneumonia. No signs
of trauma were observed on her body. Since there was no evidence
of a crime, no charges were filed.
Ben
Sitting Up
Allegation:
AIM member
killed at Wanblee by "unknown assailants."
No investigation.
Finding:
Ben Sitting
Up was killed in May, 1975, by an individual using an axe. A
suspect was identified but was not prosecuted because of impairment
caused by a mental condition.
Sam
Afraid of Bear
Allegation:
AIM supporter
shot to death at Pine Ridge.
Investigation
"ongoing."
Finding:
Sam Afraid
of Bear was discovered on the Pine Ridge Reservation on 05/20/76.
He had been beaten to death. Two subjects were identified. Rudolph
Running Shield pled guilty in 07/77. Luke Black Elk, Jr. was
found guilty in U.S. District Court of 2nd Degree Murder and
sentenced to serve 15 years on 02/09/78.
Kenneth
Little
Allegation:
AIM supporter
killed at Pine Ridge by GOONs.
Investigation
still "pending."
Finding:
Kenneth Lee
Little died on 06/01/75, in Pine Ridge after being struck with
a tire iron by Antoine William Bluebird during a quarrel. Bluebird
was found guilty in U.S. District Court, Rapid City on 10/14/75,
and sentenced on 10/14/75, to 7 years; 6 months probation.
Kevin
Hill (true
name Kenneth Mansfield Hill)
Allegation:
AIM supporter
killed at Oglala by "party or parties unknown."
Investigation
"still open."
Finding:
Kenneth Mansfield
Hill, a resident of Los Angeles, was hitchhiking in Oelrich,
SD when picked up by four individuals. He was stabbed 19 times,
presumably for his money, by a 17-year-old Indian youth. The
juvenile was convicted of second degree murder on 10/12/76 in
U.S. District Court. He was sentenced on 01/03/77, to 15 years
in prison.
Leah
Spotted Elk
Allegation:
AIM supporter
killed at Pine Ridge by GOONs.
No investigation.
Finding:
Leah Spotted
Elk was murdered near Wolf Creek, SD on 06/15/75. Her husband,
Kenneth John Returns From Scout, was charged. Subject pled guilty
on 10/13/75, to shooting his wife while the two were drinking.
He was sentenced to 2 years with 5 months probation.
Clarence
Cross
Allegation:
AIM supporter
shot to death in ambush by GOONs. Although assailants were identified
by eyewitnesses, brother Vernal Cross, wounded in ambush, was
briefly charged with crime. No further investigation.
Finding:
This was a
color of law-law enforcement brutality case involving two BIA
police officers who allegedly shot victims during an arrest on
07/11/73, near Batesland, SD. Clarence Cross died and another
family member was wounded. The victim's car was stopped by the
subject officers and when victims resisted arrest they were shot
by the officers. Vernal Cross was treated at Gordon, NE hospital
and released. Clarence Cross was shot in the stomach and right
thigh and ultimately died of complications at Fitzsimons Army
Medical Center, Aurora, CO. An autopsy was performed and cause
of death was linked to the gun shot wound to the abdomen. The
U.S. Attorney's Office advised that there was insufficient evidence
to charge the officers with a crime.
Joseph
Stuntz Killsright
(true name Joseph Bedell Stuntz)
Allegation:
AIM member
killed by FBI sniper during Oglala firefight.
No investigation.
Finding:
Joseph Stuntz
Killsright, aka Joseph Bedell Stuntz (TN), was shot and killed
06/26/75, during the RESMURS investigation. Stuntz was seen shooting
at FBI SA's Williams and Coler at Jumping Bull Community and
his body was subsequently found alongside the Green house near
the edge of the cliff. Stuntz was apparently shot by a law enforcement
officer at the scene. When the body of Stuntz was found, he was
wearing a SWAT fatigue jacket with "F.B.I." on the
back, belonging to SA Coler, that had apparently been taken from
the trunk of SA Coler's vehicle after SA Coler was murdered.
Betty
Means
Allegation:
AIM member
killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 07/03/76,
Betty Lou Means was found dead along Highway 18 several miles
east of Pine Ridge, South Dakota. She was apparently hit by vehicle.
Investigation reflected that an individual was driving a vehicle
which struck the victim. Investigation also reflected that the
passenger, Arlene Good Voice, grabbed and jerked the steering
wheel which caused vehicle to hit Ms. Means. On 12/02/76, the
U.S. Attorney's Office, Sioux Falls, South Dakota, declined prosecution
of the driver. Although he left the scene of an accident, his
actions were not a violation of Federal law. On 07/08/77, Arlene
Good Voice pled guilty to Assault, a violation of Title 18, United
States Code, Sections 1153 and 113(d). She received a sentence
of 18 months probation on 08/22/77, in United States District
Court, Rapid City, South Dakota.
James
Briggs Yellow
Allegation:
Heart attack
caused by FBI air assault on his home.
No investigation.
Finding:
James Briggs
Yellow, true name James Brings Yellow, was in the Pine Ridge
Hospital at least one day prior to his death and may have been
in for five days prior to his death. A review of his death certificate
showed that he died of three causes. The three causes were ascending
cholangitis, gram negative sepsis and resulting shock. Other
significant conditions included pneumonia and lung shock.
Andrew
Paul Stewart
Allegation:
Nephew of
AIM spiritual leader Leonard Crow Dog, killed by GOONs on Pine
Ridge. No investigation.
Finding:
On 07/26/75,
a Bureau of Indian Affairs (BIA) Officer, Rosebud Indian Reservation,
South Dakota advised that Andrew Stewart was dead on arrival
at the Rosebud Public Health Service Hospital. Stewart was shot
in the head. On 02/05/76, an Assistant U. S. Attorney at Sioux
Falls, South Dakota declined prosecution. The autopsy report
revealed the cause of death was probably a self-inflicted gunshot
wound. No credible information was developed suggesting that
any specific person caused the death.
Julius
Bad Heart Bull
Allegation:
AIM supporter
killed at Oglala by "person or persons unknown."
No investigation.
Finding:
Julius Bad
Heart Bull was the victim of an assault occurring near Oglala,
South Dakota, on 07/30/73. Witnesses to the incident said Bartholomew
Joseph Long knocked the victim to the ground with his fist, picked
up a 2 x 4 board, approximately three feet long containing several
protruding nails, and hit victim in the head several times. Victim
died at Rapid City, South Dakota on 07/31/73. Long was arrested
on 08/03/73, and charged with Second Degree Murder. On 01/11/74,
he appeared in United States District Court, Rapid City, South
Dakota and was sentenced to the custody of the Attorney General.
On 04/19/74, Long was committed to the custody of the Attorney
General for 10 years.
Sandra
Wounded Foot
Allegation: AIM supporter killed
at Sharp's Corners by "unknown assailants."
No investigation.
Finding:
On 08/16/76,
Sandra Ellen Wounded Foot, age 15, was found shot in the head
in a remote area of the Pine Ridge Indian Reservation. Suspect
Paul Duane Herman, Jr., who was a Bureau of Indian Affairs Investigator,
was believed responsible for the murder. The victim was last
seen alive with Herman in the early morning of 08/14/76. On 08/16/78,
a Federal Grand Jury for the District of South Dakota, Sioux
Falls, South Dakota, returned a true bill charging Paul Duane
Herman, Jr., with violation of Title 18, U.S. Code, Sections
1153 and 1111. Herman was arrested on 08/24/78, at Fort McDowell,
Arizona. On 12/19/78, Herman pled guilty in U.S. District Court,
Rapid City, South Dakota, to a superseding information charging
him with violation of Title 18, U.S. Code, Sections 1153 and
1112, Voluntary Manslaughter. On 02/09/79, he was sentenced to
ten years in the custody of the Attorney General.
Randy
Hunter
Allegation:
AIM supporter
killed at Kyle by "party or parties unknown."
Investigation
still "ongoing."
Finding:
On the evening
of 08/25-26/75, Randy Hunter was shot to death in Kyle, South
Dakota. Vern Carlin Top Bear was identified through witnesses
as threatening victim with a rifle and subsequently shooting
the rifle which resulted in Hunter's death. On 10/13/75, Vern
Carlin Top Bear was found not guilty by a jury in United States
District Court, Rapid City. The indictment had charged him with
Second Degree Murder in violation of United States Code, Title
18, Sections 1153 and 1111.
Dennis
LeCompte
Allegation:
AIM member
killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 09/07/74,
the Pine Ridge, South Dakota, Police Department officers responded
to a fight at the Glenn Three Stars residence, Pine Ridge, South
Dakota. Upon arrival, police found children in living room and
Dennis LeCompte dead in the northwest bedroom. Three Stars admitted
shooting Dennis LeCompte during a struggle after LeCompte stabbed
Three Stars' son with a knife. On 06/23/75 Three Stars was indicted
by a Federal Grand Jury, Sioux Falls, South Dakota. On 10/15/75,
his trial commenced in U.S. District Court, Deadwood, South Dakota.
On 10/17/75, Three Stars was acquitted of the charge Voluntary
Manslaughter.
Howard
Blue Bird
Allegation:
AIM supporter
killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 09/04/75,
the Pine Ridge, South Dakota Police Department received a telephone
call from an unknown female who reported a fight and stabbing
at the Le Roy Apple residence in Pine Ridge, South Dakota. Pine
Ridge Bureau of Indian Affairs (BIA) police officers found the
victim, Howard Blue Bird, lying in the kitchen. On 09/05/75,
a Federal Grand Jury, Rapid City, South Dakota returned a true
bill charging Le Roy Apple with violation of Title 18, USC, Sections
1153 and 1112. On 09/10/75, Apple was interviewed and admitted
stabbing Blue Bird. On 10/15/75, Apple appeared in U.S. District
Court, Deadwood, South Dakota, and pled guilty to violation Title
18, U.S. Code, Section 113(c), Assault with a Deadly Weapon to
Commit Bodily Injury. He was sentenced to one year in the custody
of the Attorney General.
Jim
Little
Allegation:
AIM supporter
stomped to death by GOONs in Oglala.
No investigation.
Finding:
On 09/10/75,
James Little was kicked and beaten to death at Oglala, South
Dakota. Tom Chief Eagle, Cecil Bear Robe, Fred Marrowbone and
a juvenile were identified by witnesses as having participated
in the beating death of Mr. Little. The suspects were arrested
by Bureau of Indian Affairs (BIA) Officers on 09/11/75. On 10/20/75,
a Federal jury sitting in trial at Rapid City, South Dakota found
subjects Thomas Chief Eagle, Fred Marrowbone and the juvenile
guilty of Voluntary Manslaughter, Title 18, U.S. Code, Section
1112(a). Cecil Bear Robe was acquitted. On 12/05/75, Thomas Chief
Eagle was sentenced to the custody of the U.S. Attorney for a
period of six years, the juvenile was sentenced to the custody
of the U.S. Attorney General for a period of four years pursuant
to the Federal Youth Corrections Act and Fred Marrowbone was
sentenced to the custody of the U.S. Attorney General for a period
of six years.
Jackson
Washington Cutt
Allegation:
AIM member
killed at Parmalee by "unknown individuals."
Investigation
still "ongoing."
Finding:
On 9/11/73,
Jackson Washington Cutt was found dead in front of a residence
in Parmelee, South Dakota. Information from witnesses indicated
the victim was involved in fight earlier in the morning. An eyewitness
observed a suspect hit the victim over head with hatchet. The
suspect was arrested on 12/27/73 in Parmelee, South Dakota by
the Rosebud Police Department. On 01/29/75 a witness was re-interviewed
and advised that he did not actually see the suspect strike the
victim with a hatchet. On 01/29/75 the suspect was re-interviewed.
He admitted being near the scene but denied involvement and denied
knowledge of who perpetrated the crime. An Assistant U.S. Attorney,
Sioux Falls, South Dakota, advised that a motion and order to
dismiss the indictment in the above captioned matter was filed
on 03/13/75. There was insufficient evidence to achieve a conviction.
Robert
Reddy
Allegation:
AIM member
killed at Kyle by gunshot.
No investigation.
Finding:
Robert Reddy
was found dead on 12/16/1974, near Kyle, SD, on the Pine Ridge
Reservation. An autopsy revealed Reddy died of two stab wounds
through the heart. Although a suspect was identified, there was
insufficient evidence to charge and convict the suspect.
Melvin
Spider
Allegation:
AIM member
killed in Porcupine, South Dakota.
No investigation.
Finding:
On 09/22/73,
a BIA officer requested FBI assistance with regard to Melvin
Spider, who was found dead on the road between Porcupine and
Sharp's Corner on the Pine Ridge Reservation. Initial investigation
suggested Spider was either a victim of a vehicular hit and run
or a severe blow to the head. Interviews revealed Spider was
drunk prior to his death. An autopsy on 09/22/73 revealed Spider
died on 09/21/73, of extensive cerebral lacerations of the brain,
which were traumatic in nature, the cause of which was not obvious.
Although a suspect was developed, there was insufficient evidence
to charge that person with the death.
Philip
Black Elk
Allegation:
AIM supporter
killed when his house exploded.
No investigation.
Finding:
On 06/30/73,
the private residence of Phillip Black Elk was completely destroyed
by a propane gas explosion. Investigation determined that the
explosion was caused by a leakage of propane gas within the residence.
A thorough neighborhood investigation was conducted which revealed
there had been a previous problem with propane gas leakage in
the neighborhood over the previous two weeks. Immediately after
the explosion, Black Elk advised he entered the residence and
attempted to light the pilot on the hot water heater when the
explosion occurred. Black Elk suffered severe burns and was immediately
taken to the Pine Ridge Community Hospital, where he was listed
in serious condition. Shortly thereafter, Black Elk was flown
to Fitzsimmons General Hospital, Denver, Colorado, where he died.
Since the injury was accidental and caused by actions of the
victim, no further criminal investigation was conducted.
Aloysius
Long Soldier
Allegation:
AIM member
killed at Kyle, South Dakota, by GOONs.
No investigation.
Finding:
On 02/09/77,
South Dakota DCI advised the FBI of investigation into the death
of Aloysius Long Soldier. He died on 10/07/74. On 02/16/77, a
family member requested a review of the death investigation.
The BIA investigative file into the death was reviewed. It was
the conclusion of the BIA that there was no evidence that the
death of Aloysius was anything other than a suicide. The BIA
case was closed. In view of the BIA investigative results, and
since the family member was unable to offer any factual evidence
suggesting that the death was a homicide, no further investigation
was conducted.
Phillip
Little Crow
Allegation:
AIM supporter
beaten to death by GOONs at Pine Ridge.
No investigation.
Finding:
On 11/14/73,
on the Pine Ridge Reservation, Irby Leroy Hand killed Phillip
Emery Little Crow by striking him with his fists. Hand signed
a confession. Autopsy results revealed Little Crow died of a
skull fracture. On 08/28/74, Hand was sentenced to five years
custody of the Attorney General.
Pedro
Bissonette
Allegation:
Oglala Sioux
Civil Rights Organization (OSCRO) organizer and AIM supporter
assassinated by BIA Police/GOONs. Body removed from Pine Ridge
jurisdiction prior to autopsy by government contract coroner.
No investigation.
Finding:
Pedro Bissonette
was killed on a highway four miles north of Pine Ridge. BIA officers
tried to arrest Bissonette on two fugitive warrants, one stemming
from his Wounded Knee activities. When Bissonette advanced on
the officers with a raised 30.06, he was shot. Five hours prior
to the time he was shot, Bissonette had eluded two other BIA
police officers. Autopsy results revealed Bissonette was killed
by a single shotgun blast in the chest fired by a police officer.
Olivia
Binals (True
Name Olivia Bianas)
Allegation:
AIM supporter
killed in Porcupine by "person or persons unknown."
Investigation
still "open."
Finding:
On 10/26/75,
BIA police contacted the FBI to advise that Olivia Bianas was
found dead at her home. An autopsy revealed Olivia died of a
cerebral hemorrhage caused by a severe beating. Witnesses observed
Norman Bianas beat his wife on the day she died. On 10/27/75,
Norman Bianas was arrested. On 11/13/75, he made an admission
of his role in the death. On 01/23/76, Bianas pled not guilty
to voluntary manslaughter. He subsequently withdrew the plea
on 03/08/76. On 07/09/76, he was sentenced to eight years custody
of the Attorney General. The U.S. Federal Appeals Court upheld
his conviction.
Janice
Black Bear
Allegation:
AIM supporter
killed at Manderson by GOONs.
No investigation.
Finding:
Janice Joyce
Black Bear died on 10/26/75. An autopsy revealed the cause of
Black Bear's death was cerebral contusions. Contributing death
factors were acute alcoholism and phenobarb/qualude intoxication.
A suspect, George Michael Twiss, admitted to spending the evening
with the victim. Twiss recalled that he woke up at home and had
blood on his arms, shirt and pant leg. Twiss was arrested by
the BIA when they arrived at his home and he was washing his
hands. On 07/06/76, Twiss pled guilty to Involuntary Manslaughter.
On 09/03/76, Twiss was sentenced to three years custody of the
Attorney General.
Michelle
Tobacco
Allegation:
AIM supporter
killed at Pine Ridge by "unknown persons."
No investigation.
Finding:
Michelle Linda
Tobacco, age 9 months, died on 10/27/75. A relative of the victim
advised that she consumed liquor, tripped and fell with the baby.
When the relative awoke, Michelle was dead. Autopsy revealed
victim died on 10/27/75, of acute pneumonitis and hemorrhage
to her adrenal gland. The U.S. Attorney's Office declined to
prosecute the relative.
Delphine
Crow Dog
Allegation:
Sister of
AIM spiritual leader Leonard Crow Dog. Beaten by BIA police and
left lying in a field. Died from "exposure." No investigation.
Finding:
Delphine (Crow
Dog) Eagle Deer died 12/06/72. The cause of death listed on her
death certificate was exposure and sub-zero weather. Other significant
conditions included acute alcoholism. More specifically, the
death certificate indicated that the injury occurred as the result
of "accidental freezing to death," in an open field
approximately 2.3 miles southwest of St. Francis, South Dakota,
within the exterior boundaries of the Rosebud Reservation. An
autopsy was conducted and the findings of the autopsy determined
the above-listed causes of death.
Elaine
Wagner
Allegation:
AIM supporter
killed at Pine Ridge by "person or persons unknown."
No investigation.
Finding:
On 11/30/74,
the body of Elaine Wagner was found in a creek bottom in Pine
Ridge, South Dakota. Autopsy showed Wagner died of exposure.
Interviews revealed that at about 4:00 p.m. on 11/29/74, Wagner
joined two car loads of persons and drank with several individuals
on the evening of 11/29/74. After drinking for several hours,
Wagner went to a nearby home. At approximately 10:00 p.m. on
11/29/74, Wagner left the house. Her body was found on the afternoon
of 11/30/74 approximately 100 yards from the house. No subject
has been developed and all available investigative leads were
exhausted. From all the evidence, this matter appeared to be
a non-felonious death. The U.S. Attorney advised that there was
insufficient evidence to charge any person.
Allison
Fast Horse
Allegation:
AIM supporter
shot to death near Pine Ridge by "unknown assailants."
No investigation.
Finding:
Allison Fast
Horse, aka Allison Little Spotted Horse, Jr. (TN), was found
shot to death on Chadron Road approximately one mile south of
Oglala, SD on the morning of 11/23/73. He had been shot in the
chest with a .22 caliber bullet. An autopsy indicated death was
attributed to the bullet wound. Examination of physical evidence
failed to provide any indication as to the identity of any possible
suspects.
John
S. Moore
Allegation:
20 year old
Penobscot from Maine, AIM supporter stabbed to death in Lincoln,
Nebraska. With stab wounds through the neck and face, and with
other cuts and bruises, death was ruled a "suicide."
Eight years later, the "suicide" ruling was changed,
but no further investigation.
Finding:
On 12/02/74
Lincoln, Nebraska, Police Department executed a search warrant
for the barracks housing the Wounded Knee Defense Offense Legal
Committee. The warrant was based on the armed robbery of local
residents by four Indian males. Three individuals, Laurence V.
Red Shirt, Garrett E. Wounded Head and Larry J. Martinez, were
arrested in connection with the robbery. John S. Moore, the fourth
suspect in the robbery, was found dead in the barracks. He was
fatally stabbed through the neck and the right side of his face.
The autopsy report indicated death was caused by suicide. This
matter was not investigated by the FBI.
Carl
Plenty Arrows Sr.
Allegation:
AIM supporter
shot to death near Pine Ridge by "person or persons unknown."
No investigation.
Finding:
At 6:30 p.m.
on 12/05/75, Glen Thomas Janis shot Carl Plenty Arrows, Sr. and
Frank Claude LaPointe at Pine Ridge, South Dakota. Carl Plenty
Arrows, Sr. was pronounced dead at the scene. Frank LaPointe
subsequently died at Gordon Hospital, Gordon, Nebraska, on 12/05/75.
Janis voluntarily turned himself in to Pine Ridge authorities
on 12/05/75. During an interview with FBI Agents on 12/06/75,
Janis admitted shooting Carl Plenty Arrows, Sr. Janis was also
identified by witnesses as the person who shot both victims.
On 03/29/76, Glen Janis pled guilty to second degree murder and
voluntary manslaughter (Title 18, USC, Sections 1153, 1111, and
1112). On 06/15/76, Janis was sentenced to 20 years on count
II and 10 years on count I, sentences to run concurrently.
Frank
La Pointe
Allegation:
AIM supporter
killed at Pine Ridge by GOONs.
No investigation.
Finding:
At 6:30 p.m.
on 12/05/75, Glen Thomas Janis shot Carl Plenty Arrows, Sr. and
Frank Claude LaPointe at Pine Ridge, South Dakota. Carl Plenty
Arrows, Sr., was pronounced dead at the scene. Frank LaPointe
subsequently died at Gordon Hospital, Gordon, Nebraska, on 12/05/75.
Janis voluntarily turned himself in to Pine Ridge authorities
on 12/05/75. During an interview with FBI Agents on 12/06/75,
Janis admitted shooting Carl Plenty Arrows, Sr. Janis was also
identified by witnesses as having shot both victims. On 03/29/76
Glen Janis pled guilty to second degree murder and voluntary
manslaughter (Title 18, USC, Sections 1153, 1111, and 1112).
On 06/15/76 Janis was sentenced to 20 years on count II and 10
years on count I, sentences to run concurrently.
Floyd
S. Binals
Allegation:
AIM supporter
killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 12/25/74
Floyd Sherman Bianas, age16 months, was killed at the residence
of Marion High Bull. High Bull stated he fell with Bianas. No
one else was present. The body of Yvette Lorraine Lone Hill,
age 7, was discovered on 12/28/74. Lone Hill had scars and bruises
all over her body and had obviously been beaten. A witness advised
he observed Marion High Bull hit Yvette Lone Hill. On 12/30/74,
Marion High Bull was arrested by FBI Agents. Marion Allen High
Bull was tried by a jury and on 10/08/75 High Bull was found
guilty of one count of voluntary manslaughter (Title 18, USC,
Section 1112) and one count of second degree murder (Title 18,
USC, Section 1111). On the same date he was sentenced to 10 years
count 1 and 20 years count 2, sentences to run concurrently.
Yvette
Loraine Lone Hill
Allegation:
AIM supporter
killed at Kyle by "unknown party or parties."
No investigation.
Finding:
On 12/25/74,
Floyd Sherman Bianas, age 16 months, was killed at the residence
of Marion High Bull. High Bull stated he fell with Bianas. No
one else was present. The body of Yvette Lorraine Lone Hill,
age 7, was discovered on 12/28/74. Lone Hill had scars and bruises
all over her body and had obviously been beaten. A witness advised
he observed Marion High Bull hit Yvette Lone Hill. On 12/30/74,
Marion High Bull was arrested by FBI Agents. Marion Allen High
Bull was tried by a jury and on 10/08/75 High Bull was found
guilty of one count of voluntary manslaughter (Title 18, USC,
Section 1112) and one count of second degree murder (Title 18,
USC, Section 1111). On the same date he was sentenced to 10 years
count 1 and 20 years count 2, sentences to run concurrently.
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