At issue is whether a protection order against Shannon Fast Horse can be used to prosecute him.
The trial of a man accused of murdering his ex-girlfriend has been postponed while the state Supreme Court decides if a protection ordered filed by the alleged victim can be used against him.
Shannon Fast Horse, 41, of Hot Springs is charged with murdering 38-year-old Julie Doncheske July 18, 2006, at Doncheske's Hot Springs home.
Doncheske filed a protection order against Fast Horse on July 10, 2006, only days before she was found dead.
The order says, in Doncheske's handwriting referring to Fast Horse, "He will find me alone and unprotected and beat me until I die at his hands. Those are his words."
Seventh Circuit Judge Jeff Davis ruled last month that Fall River County State's Attorney Lance Russell would not be allowed to use that protection order in trial.
Russell appealed that decision, and the state Supreme Court agreed to hear his argument.
The trial, which was set to begin Nov. 27, has been postponed while the Supreme Court rules on the issue of the protection order.
Russell and Fast Horse's attorney, Tim Rensch, will issue written briefs stating their cases. Russell said Thursday he was not sure if the Supreme Court would call for them to present oral arguments.
Fast Horse remains in custody in Fall River County Jail on a $1 million cash or surety bond.
He is charged with first-degree murder, which carries a mandatory sentence of life in prison without parole. He is also charged with an alternate count of second-degree murder, which also carries a mandatory life sentence.
Fast Horse is also charged with violation a protection order, which carries a maximum sentence of two years in prison.
Fast Horse could have faced the death penalty if convicted of first-degree murder, but Russell said in December that he would not pursue the death penalty in the case.
Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com
Posted in Top-stories on Wednesday, November 7, 2007 11:00 pm
© Copyright 2009, rapidcityjournal.com, 507 Main Street Rapid City, SD | Terms of Service and Privacy Policy