Rounds proposes compact with triben

By Steve Miller, Journal Staff Writer | Saturday, October 22, 2005

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PIERRE — Gov. Mike Rounds has sent a proposed extradition compact with Oglala Sioux Tribe to tribal president Cecilia Fire Thunder. The compact, if approved, could pave the way for extradition of two tribal members charged in a June fight in Hot Springs.

Rounds sent the extradition compact proposal to Fire Thunder last week, according to Mark Johnston, the governor’s press secretary. Fire Thunder has not yet responded to the governor, Johnston said. The compact would not include other tribes in the state, he said, although the state does have an extradition compact with the Sisseton-Wahpeton Sioux Tribe.

Rounds asked Fire Thunder in August to extradite brothers Dirk and Dakota Garnier, who are facing felony charges related to the Hot Springs fight. The men fled to Pine Ridge Indian Reservation after the incident, according to Fall River County State’s Attorney Lance Russell, who asked Rounds to seek their extradition.

The state doesn’t have criminal jurisdiction on the reservation.

Fire Thunder, in a Sept. 1 letter to Rounds, said state and tribal law require an extradition compact between the state and tribe before extradition can be considered. Such a compact would allow either party to “exercise the power of extradition,” according to a 1976 state law authorizing such compacts.

In a press conference Thursday, Fire Thunder said she was negotiating terms of the compact with Rounds. A compact could allow extradition of non-Indians charged with crimes on the reservation to face charges in tribal court, she said.

The Garniers were indicted by a Fall River County grand jury after a June 2 fight involving two large groups of juveniles and young adults in downtown Hot Springs.

Dakota Garnier, 19, and another man, George Birlew, 23, are charged with attempted first-degree murder in a beating that left Matthew Pepin, 18, of Hot Springs hospitalized with head injuries. Authorities contend Dakota Garnier hit Pepin in the head with a baseball bat. Pepin since has partially recovered from his injuries.

Both Dakota and Dirk Garnier, 20, also are charged with aggravated assault in the case. Birlew is being held in Fall River County Jail. He was earlier scheduled to stand trial on Dec. 5.

The Wawokiya Civil Rights Organization has urged Fire Thunder not to extradite the Garnier brothers. Janis Schmidt, the group’s co-founder, said the brothers were the victims in the fight, not the perpetrators.

Contact Steve Miller at 394-8417 or steve.miller@rapidcityjournal.com