Prosecutor files rare reservation extradition request

By Jomay Steen, Journal Staff Writer | Tuesday, July 05, 2005

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HOT SPRINGS -- Fall River State's Attorney Lance Russell wants to extradite suspects in an attempted murder and assault case from Pine Ridge Indian Reservation, but whether that happens will likely be up to tribal president Cecilia Fire Thunder, and extradition from a reservation is rare.

Russell has filed an extradition request with the governor's office, seeking to bring two Hot Springs men to trial in state court. Russell seeks to bring Dirk Garnier and Dakota Garnier to Hot Springs, the county seat of Fall River County, which is west of the reservation.

From Hot Springs, where Russell says the men's crimes occurred, it is about 67 miles to the town of Pine Ridge and about 25 miles to the reservation border.

Earlier this month, Dakota Garnier, 19, who was indicted on charges of attempted first-degree murder and aggravated assault, and Dirk Garnier, 20, who was charged with aggravated assault, fled Hot Springs for the reservation, court documents said.

Court documents allege that the Garniers were part of a June 2 assault on Matthew Pepin, 18, of Hot Springs. Pepin was hit in the back of the head with a baseball bat and fell to the ground, according to the documents. The Garniers and another man, George E. Birlew, 23, began kicking Pepin until others stopped them. Birlew is in custody in Fall River County.

Pepin was transported to Rapid City Regional Hospital for his injuries. According to Pepin's father, Steve Pepin, the 18-year-old suffered seven fractures to his skull and underwent two surgeries in which doctors removed a third of his skull. Doctors used 70 to 80 stitches to close the wounds. Released from the hospital, Pepin entered a Rapid City center for rehabilitation. He continues to go through rehabilitation at a Hot Springs medical center, his father said.

In documents filed with the governor's office, Russell said he had sufficient evidence to secure the convictions of both fugitives.

The Garniers have not been taken into custody or arrested, the documents said.

Ron Duke, deputy chief of OST Department of Public Safety, said in his career in law enforcement, extradition cases have been rare.

"In my 22 years, I haven't been involved in any and haven't known of anyone who has gone through the extradition process," Duke said.

But it is possible, he said.

Ziebach County Sheriff Robert Menzel of Dupree said if members of the Cheyenne River Sioux Tribe commit a crime, jurisdiction prevents local and state law enforcement officers from pursuing the accused onto the reservation.

Menzel said that law enforcement officials from Pennington, Meade and other counties have tried to "reach into" the CRST reservation but have had limited success.

Duke said that according to Oglala Sioux Tribal law, extradition requests from the governor or local jurisdictions are made to the tribal president.

In the documents sent to the president are an application for extradition, an affidavit of the complaining witness and a certified copy of the complaint or arrest warrant.

"The president then makes the determination on whether the request is honored or denied," Duke said.

If the president honors the request, a warrant is directed to the tribal police, who then take the accused into custody and recite the charges to the perpetrator. The accused then appears in tribal court.

The tribal court informs the accused of the request being made, his legal rights and right to legal counsel at his own expense.

"He has a right to fight extradition; he can demand a hearing, but at his own expense. We don't have funds available to fight extradition," Duke said.

The accused is given the opportunity to raise any legal defense at that time or waive all legal rights.

If the accused chooses to fight extradition, he will remain in custody on the reservation, Duke said.

If tribal court decides that there isn't enough evidence for extradition, the accused will be released. However, if the court decides there is a case, the accused may appeal.

Extradition would be delayed until after the appeal. The court could allow bail for the accused pending the appeal.

The appellate court decides whether there's enough evidence to warrant extradition. If the court grants extradition, the accused would be found and turned over to that jurisdiction. If the court denies extradition, he would be released.

"They're very rare," Duke said of extraditions from the reservation.

Contact Jomay Steen at 394-8418 or jomay.steen@rapidcityjournal.com