AIM slaying defendant to stay in jail until trial

By Carson Walker
Rapid City, South Dakota (AP) 4-09

Richard Marshall, charged with killing a fellow American Indian Movement member in December 1975, must stay in jail until his trial, a federal magistrate ruled.

Marshall and John Graham pleaded not guilty to charges they committed or aided and abetted the murder of Annie Mae Aquash near Wanblee. Their trial is set to start May 12 in Rapid City.

The prosecution theory is that Marshall provided the gun Graham used to kill Aquash.

Marshall was awaiting trial at the time on a charge he shot and killed Martin Montileaux in March 1975 at a Scenic bar.

Marshall was convicted in April 1976 for the murder and served prison time until his parole in June 2000.

His lawyer, Dana Hanna, filed an application for pretrial release last week on several conditions, including that Marshall submit to daily alcohol tests, always be supervised and wear an electronic bracelet.

Hanna also introduced letters of support into evidence, including one signed by about 140 tribal members on the Pine Ridge Indian Reservation, where Marshall is from, and another from a Rapid City business owner who has offered Marshall a job.

Myron Pourier of the Oglala Sioux Tribe council testified that Marshall is nonviolent, does not abuse alcohol and is active in the Lakota religion.

Pourier said he talked with the tribal President Theresa Two Bulls, who affirmed the tribe would not be worried if Marshall were released.


Prosecutors called to the stand Brian Green, Marshall’s state parole agent, who testified that twice – in 1989 and 1993 – Marshall violated the terms of his release while on parole for the Montileaux murder and was sent back in prison. Then in July 2007 Marshall acknowledged being arrested for drunken driving, Green said.

U.S. Attorney Marty Jackley argued that Marshall is charged with having a gun and being an accessory in a crime of violence that carries a life prison sentence, was twice arrested after chases with authorities and already has been convicted of murder.

“The United States believes Mr. Marshall poses a risk to the Pine Ridge and Rapid City communities and poses a risk of flight,” Jackley told Duffy.

Hanna argued Marshall made all of his court appearances in the Montileaux case.

“Jimmy Carter was elected president of the United States the last time this man was convicted of any offense,” Hanna said.

Duffy said though people can reform themselves and Marshall does have the support of fellow tribal members, the 2007 drunken driving arrest shows he still has a problem with alcohol.

“Given the crime and the penalty you’re facing and the unanswered question of your substance abuse, I find you are a flight risk,” she said.

Marshall was indicted in August, five years after Graham and Arlo Looking Cloud were charged.

Graham has denied killing Aquash and fought his return to South Dakota in British Columbia until his extradition in 2007.

Looking Cloud was convicted in 2004 and sentenced to life in prison for his role in Aquash’s slaying and now is a government witness.