High court upholds murder conviction

By Chet Brokaw, Associated Press Writer | Friday, March 02, 2007

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PIERRE — The South Dakota Supreme Court has upheld a Sisseton man’s murder conviction for the stabbing death of another man who allegedly stole his marijuana during a party.

In a unanimous ruling, the high court said sufficient evidence was introduced to support Lance G. Owen’s conviction of first-degree murder for the killing of Adrian Keeble, 30, of Rosholt.

The justices also said Owen’s confession to a law officer could be used as evidence in his trial, and the state court system had jurisdiction over the crime.

Owen took some marijuana to a house party in Peever on Jan. 19, 2005, according to court records. Owen talked about selling some marijuana or trading some for methamphetamines, but Keeble at some point allegedly stole some of Owen’s marijuana, according to witnesses.

Owen then stabbed Keeble, the witnesses said.

Owen was arrested the next day in Minnesota, held in jail overnight and then questioned by a law officer the next morning. Owen told the officer he had stabbed Keeble repeatedly in the throat, head and face, according to court records.

After a jury found Owen guilty of first-degree murder and aggravated assault, he was sentenced to life in prison.

In his appeal, Owen argued his confession should not have been admitted as evidence in his trial because his statements to the law officer were not voluntary. The Supreme Court said Owen’s statements were voluntary because the officer informed him twice of his rights to remain silent and get a lawyer, and Owen both times gave up those rights.

Owen, who was 32 at the time, also was familiar with the criminal justice system because he had a long criminal record, and law officers did not use overbearing or coercive behavior to get Owen to confess, the high court said.

Owen also argued the jury should not have been told that he brought marijuana to the party and talked about selling or trading it. But the Supreme Court said that evidence was admissible because the theft of the marijuana suggested a motive for the killing.

The Supreme Court also rejected Owen’s argument that the judge in his trial should have instructed the jury about his contention that the stabbing was in self-defense.

The alleged theft of marijuana was not justification for self-defense, Justice Richard W. Sabers wrote for the court.

“There is no evidence anyone threatened Owen or attacked him first. In fact, the evidence shows Owen hid the knife from Keeble and stabbed him by surprise,” Sabers wrote.

Evidence also was sufficient to support a finding that the killing was premeditated, the Supreme Court said.

Owen contended the state had no jurisdiction over the case because the crime occurred in an Indian community where the federal court system would have authority. The Supreme Court said the land where the stabbing occurred is owned by the city of Peever and is not under federal authority.