More than 140 community members, including the Oglala Sioux Tribe president, say they aren't afraid of Richard "Dickie" Marshall.

Even so, Marshall will remain in jail until he goes on trial May 12 for the 1975 slaying of Annie Mae Aquash, a fellow American Indian Movement activist. A co-defendant, John Graham, 52, also is in custody.

At a bond hearing Monday, U.S. Magistrate Judge Veronica Duffy found Marshall, 57, to be a flight risk and a danger to the community and denied his request for pre-trial release.

Defense attorney Dana Hanna had asked that Marshall be released into the custody of his girlfriend, Davona Pourier, and employer, Rusty Puckett. Hanna proposed that Marshall be put on electronic surveillance and report daily to the Oglala Sioux Tribe police department in Kyle for breathalyzer testing.

The tribal council's Fifth Member, Myron Pourier, described Marshall as a responsible person who faithfully follows traditional Lakota religion and is an asset to his community. Pourier said he had never seen Marshall intoxicated or violent.

He also said tribal President Theresa Two Bulls would support Marshall's release pending trial.

"Ms. Two Bulls knows he will not pose a threat to anybody," said Pourier, who offered to personally check on Marshall daily.

But U.S. Attorney Marty Jackley argued that Marshall should remain in custody. He noted that Aquash's murder occurred while Marshall was free on bond awaiting trial in the 1975 shooting death of Martin Montileaux.

Marshall was convicted of that murder and sentenced to life in prison. Gov. Bill Janklow later commuted Marshall's sentence to 99 years, which made him eligible for parole. After his release, Marshall's parole was revoked twice: in 1989 after he led police on a 20-mile high-speed chase and in 1993 for marijuana use.

Marshall also was arrested in July 2007 on a drunken driving charge on the Pine Ridge Indian Reservation, but that charge was dropped.

Marshall is now on lifelong parole. South Dakota Parole Agent Brian Green - who said Marshall also violated house arrest - said he considers Marshall to be a flight risk.

Hanna pointed out that Marshall was free on bond when he went on trial for Montileaux's murder but still came to court every day.

"He has made all his court appearances that I'm aware of," Hanna said, adding that Marshall had not been convicted of any crime since President Jimmy Carter was in office.

Judge Duffy said she respected the fact that many tribal members - including Pourier, tribal Councilman Phillip Good Crow, President Two Bulls, and more than 140 people who signed a "character letter" on Marshall's behalf - supported Marshall's release and acknowledged his ties to the community.

"I do believe that people can reform themselves," she said.

But Duffy also cited the violent nature of Aquash's murder and the fact that it happened while Marshall was free on bond awaiting trial in another murder case.

Marshall's 2007 DUI arrest also came into play, even though the charge was dismissed. Alcohol and drugs played a role in Montileaux's shooting and in Marshall's previous parole violations and Duffy saw the 2007 arrest as an indication that Marshall may still have a substance abuse problem.

Duffy also noted that, if convicted of Aquash's murder, Marshall would be sentenced - again - to life in prison. There is no parole in the federal court system.

"In a common sense way, I think that it definitely gives an incentive to flee," she said.

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