United States of America v. Spencer High Hawk

Rapid City, South Dakota criminal defense lawyer represented the Defendant charged with aiding and abetting second degree murder in violation of 18 U.S.C. §§ 1111(a), 2, and 1153.

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Late one night, High Hawk and his father, Eugene ("Acorn”) High Hawk,

were at Acorn's home on the Pine Ridge Reservation in Wounded Knee, South

Dakota. Battling cancer, Acorn was frail and unable to speak. A.F.H. and Dominic

Jealous of Him went to Acorn's home to play cards when a fight broke out. Acorn

and High Hawk armed themselves with baseball bats. According to A.F.H., Acorn

hit A.F.H. as High Hawk beat Jealous of Him with a metal bat. A.F.H. escaped and

went to the hospital for his injuries.



Jealous of Him's family reported him missing the next morning. His body

was found in the creek behind Acorn's home. A blood trail, chemical smells and

mop fibers in the home, and drag marks suggested Jealous of Him's body was

dragged from the house to the creek. Acorn and High Hawk were both charged with

murder, though Acorn died before trial.



At trial the Government presented Facebook messages High Hawk sent after

the killing where he bragged about murdering someone and asked for a ride out of

Wounded Knee. High Hawk told several different stories about what happened that

night, none of which aligned with A.F.H.'s.

Defendant was found guilty.



Affirmed on appeal