How do you know if it is truly a government employee that wants to enter your property? You don’t and you have no right to know.
In a precedent setting decision, Federal South Dakota District Judge, Richard H. Battey, retried a Pine Ridge Reservation man for destruction of government property while defending himself from BIA employee, Duke Bourne.
According to press releases and court documents, Marc Sean Wisecarver, is tried for the third time for this so called crime. Whatever happened to double jeopardy, let alone triple jeopardy?!!!
Furthermore, the 8th Circuit Court of Appeals in Minnesota ordered the decision on Depradation of Government Property to be dropped.
Eighty-three-year-old, Battey, is obviously operating under century old values, which allowed the federal government to deprive Native Americans of their rights.
Drop it Battey and retire. I spoke to a man, who new you and your family, and is sadly disappointed with you. His name is Preston Brown and is the same age as you. He is very disappointed with your lack of societal growth.
Preston Brown, along with the mostly caucasian protestors understand that Battey’s jury shopping antics affect all U.S. citizen’s rights under the Constitution. See Article XIV, section 1, of the constitution about life, liberty, ….
In brief, back in April 2008, BIA agent Duke Boune, originally of Guyanna, South America, came barreling into Wisecarver’s Manderson S.D. property located on the Pine Ridge Indian Reservation.
Boune began recklessly running Wisecarver’s horses around, nearly striking them with his vehicle. After wisecarver shot his rifle into the air, Bourne turned the vehicle on Wisecarver, cornering him between barbed wire fences.
After Bourne revved his engine with his hand on the gearshift 10 feet directly heading toward Wisecarver, Wisecarver shot down through the vehicle’s radiator into the ground.
Bourne, whose skin color is black, and not brown as Native skin color is, testified on Wednesday that he did not have identification at the time he entered the property owned by Wisecarver. How did Wisecarver know who he was, given he was on an Indian reservation?
Wisecarver was tried in Pine Ridge Tribal Court, as Indian reservations have separate and sovereign governments recognized by the U.S. government under treaty. Recognized is about it. Federal courts can try these cases if they so choose. No matter the crime, it is a federal crime, thereafter sentenced and treated as such. No double jeopardy applies in these cases. Once he sentenced Wisecarver in his decision, separate from being aquitted on Assaulting a Federal Official, Battey gave jury instructions that led to finding Wisecarver guilty of the Depradation of Property charge.
Thanks to judge Battey’s faulty jury instructions, Wisecarver has been imprisoned for over 15 months, totally. Now Battey can wait as long as he wants to sentence Wisecarver. Only when the sentencing is set, can Wisecarver then file another appeal.
Judge Battey has chosen, on his own, to completely ignore the higher court’s decision to back off.
He’s a racist rougue, and has put your property rights on the line in doing so.
Another note: The South Dakota ACLU has refused to touch this case. I am calling for Robert Doody to take another look.
For more information, contact Wisecarver’s family at [email protected] or visit this website. Click on news with the name Wisecarver.
You can contact the Wisecarver family at [email protected]