Mother charged with murder

Wilberta Means has pleaded not guilty

By Heidi Bell Gease, Journal staff | Wednesday, October 03, 2007

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RAPID CITY - The mother of a 14-month-old girl who died of suffocation last November has now been charged with murder.

Wilberta Means, 42, Pine Ridge, pleaded not guilty Monday in U.S. Magistrate Court to charges of second-degree murder of a minor, assault resulting in serious bodily injury of a minor, and abuse of a minor in connection with the death of JonTay Iron Horse.

The baby's father, Jacob Iron Horse, pleaded guilty to abuse of a minor for his role in the child's death. Last week, U.S. District Judge Karen Schreier sentenced him to 30 months in prison.

Iron Horse admitted to drinking heavily on Nov. 3 while caring for his daughter. He passed out, waking later to find that JonTay had suffocated while lying on a couch behind her mother, who had also passed out after drinking.

Iron Horse, 43, was sentenced Sept. 24. On Sept. 26, prosecutors filed the superseding indictment charging Means with murder. Means was originally charged with abuse of a minor.

If convicted of second-degree murder of a minor, Means would face a mandatory minimum sentence of 30 years in prison, with a possible maximum sentence of life in prison. Assault resulting in serious bodily injury of a minor carries a mandatory minimum sentence of 10 years and a maximum sentence of life in prison upon conviction. Abuse of a minor is punishable by up to 15 years in prison upon conviction. All three charges also carry the possibility of fines up to $250,000 upon conviction.

Assistant U.S. Attorney Mara Kohn said the new mandatory minimum sentences for crimes against children are part of the Adam Walsh Child Protection and Safety Act of 2006.

Federal assault charges involving adult victims carry a maximum penalty of 10 years in prison with no mandatory minimum. Second-degree murder of an adult is punishable by a possible maximum sentence of life in prison, but there is no mandatory minimum sentence, Kohn said.

Prosecutors also used the Adam Walsh law in charging Iron Horse and Means with abuse of a minor. The abuse charge is actually a state charge.

Means' trial is tentatively set for Jan. 22.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com