The attorney for a 22-year-old Rapid City man accused in the November death of a 44-year-old woman said Tuesday that his client may not have agreed to speak to investigators at the time of his arrest.

Tad Blackburn is charged with first-degree murder in connection with the death of Tamara Magic. Magic was found dead Nov. 8 at her home on East St. Charles Street. Autopsy results concluded she was beaten and stabbed to death.

Paul Winter, Blackburn's attorney, said his client told investigators more than 30 times that he did not want to speak to them. Still, investigators interrogated Blackburn, Winter said.

Seventh Circuit Judge Thomas Trimble said Winter must file a brief on the issue by Friday. Prosecutors will then have a chance to respond before Blackburn's next hearing on April 4.

A first-degree murder conviction carries a mandatory sentence of either life in prison without parole or the death penalty, but prosecutors said earlier this month that they will not pursue the death penalty in this case.

Blackburn is set to go to trial April 21.

Ken Varns, deputy state's attorney for Pennington County, said at a hearing earlier this year that Magic was killed by blows from two rocks to the head. Varns said Blackburn's fingerprints were found on two rocks with blood on them at the scene. He said Blackburn pawned Magic's television and attempted to pawn some of her jewelry.

Blackburn remains in custody at Pennington County Jail on a $1 million cash or surety bond.

Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com