Skip to main content

Protest in support of Marc Wisecarver, Black Hills Defender

By Barbara Soderlin Journal staff | Posted: Saturday, May 15, 2010
Rapid City Journal

Charmaine White Face, known as an environmental and Native American activist, organized a protest Friday that was more personal than usual. Her son, Marc Wisecarver, 40, has been incarcerated for more than 15 months. Now, he is being held in Pennington County Jail, awaiting trial Tuesday on charges of depredation of government property.

She said he is being held unlawfully and that the charges should not have been filed.

The charges stem from an April 29, 2008, incident in which a Bureau of Indian Affairs soil conservationist drove a government pickup truck onto Wisecarver's land near Manderson on Pine Ridge Indian Reservation.

After an argument, in which Wisecarver told the agent to leave his property, Wisecarver fired a rifle round into the grille of the truck, because he heard the agent rev the engine and was afraid he would be run over, he testified in a January 2009 federal court trial presided over by U.S. District Court Judge Richard Battey.

Wisecarver was acquitted of one count of assaulting a federal officer but convicted of one count of depredation of government property and was sentenced to 36 months in prison. However, an 8th Circuit Appellate Court judge on March 22 vacated the judgment on the depredation charge because of improper jury instructions and remanded the case back to district court.

Assistant U.S. Attorney Carolyn Olson then charged Wisecarver again with depredation of government property, and a jury trial set to start Tuesday in Rapid City will address that charge.

White Face and another son, Mitchell Wisecarver, on Friday led a protest of about eight people outside the federal building in Rapid City. Protestors held signs that said "Support Justice. Free Marc Wisecarver," and "Racist judges are toxic."

White Face said Marc Wisecarver should have been freed after the appellate judge vacated the judgment on the last depredation charge.

"Marc should have been out of jail as of March 22," White Face said.

While it is common for charges to be re-filed after judgments are vacated, Mitchell Wisecarver said the actions were racist.

"We wonder why a federal judge would continue to persecute Marc Wisecarver," he said. "Is it because he is a brown American Indian?"

Mitchell Wisecarver said his brother was defending himself when he shot the pickup truck.

"He was afraid. He thought he was going to get run over," he said. "My brother is a person fighting for every person's rights."

Contact Barbara Soderlin at 394-8417 or barbara.soderlin@rapidcityjournal.com.

http://www.rapidcityjournal.com/news/article_d81e6d9e-5fa8-11df-80f2-001cc4c03286.html

Comments

Popular posts from this blog

Support Generations Indigenous Ways

Generations Indigenous Ways bridges Traditional Lakota knowledge and scientific knowledge, helping to develop a new generation of Indigenous scientists and thinkers. Will you donate to Generations Indigenous Ways and invest in a brighter future for Lakota youth, their families and communities? Learn how you can be a part of Generations Indigenous Ways' living classrooms - visit our website: GIWays.org Visit their YouTube channel https://www.youtube.com/watch?v=lnARDSYhLZ8
The Invasion of America. An interactive map produced by author Claudio Saunt - Aeon. Read: " The US must not forget its history of dispossession ." By Claudio Saunt, Aeon.

Mario Gonzalez: Why the Docket 74-A award must be rejected

The following biography and essay are written by the author: (Mario Gonzalez is an enrolled member of the Oglala Sioux Tribe and presently serves as legal counsel to several Sioux tribes. He is the first recipient of the Distinguished Aboriginal Lawyer Achievement Award (1995) given by the Native Law Center of Canada, University of Saskatchewan, Saskatoon, Sask. He is also co-author of The Politics of Hallowed Ground: Wounded Knee and the Struggle for Indian Sovereignty (1999). He can be reached at mario@mariogonzalezlaw.com). [Part One] Why the Docket 74-A award must be rejected By Mario Gonzalez A federal class action lawsuit called Different Horse v. Salazar was filed in U.S. District Court by the Ketterling Law Firm of Yankton, S.D. on April 15, 2009, to force the Interior Department to distribute the Dockets 74-A and 74-B Sioux land claims awards in per capita payments to tribal members. The awards with (interest) now total over $1 billion. The Rosebud Sioux Tribe has taken the le...