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Upside Down Justice in South Dakota

Message John leKay
This is a clear cut case of upside down justice in this country. A Lakota Native American gets put in jail for defending himself against being run over by a Federal agency truck on his own private property.

Marc Wisecarver was raised in Wounded Knee District, in the country about 9 miles north of Manderson, SD. He attended Rockyford School, Red Cloud School, and graduated from Little Wound High School in 1988. He is 39 years old, was in the Marine Corps, is a logger, firefighter, ranch hand and mechanic.

Marc has had a number of trespassers on his place over the years and always called the police but it takes from 35 minutes to an hour to reach his place. Last April, 2008, a pickup truck zoomed past his house where he was outside working on his vehicle. There are 'No Trespass' signs at the two entrances and on the fences to his place. He tried to wave down the truck as it proceeded into the bottom field and began chasing his horses. He got his rifle and fired a shot into the air. This got the driver's attention but the driver turned his vehicle at Marc as if to run him over. Following a verbal confrontation, the driver gunned his engine again with his hand on the gear shift as if to hit Marc.

Marc fired a shot into the truck's radiator to get the driver's attention and hopefully stop the vehicle from running him over. The driver got out and said it was a government vehicle and finally left. The driver never introduced himself as a government employee but was months later identified as a BIA land appraiser. Marc immediately called the tribal police and assisted them in their investigation. Although the tribal police did not want to arrest him, the BIA insisted and Marc was jailed and charged in Tribal court with discharging a firearm. The charges were dismissed in tribal court. The trespasser was never charged with anything in tribal, state, or federal court.

Four months later, in August, 2008, Marc was charged in federal court with Assaulting a Federal Employee. He was released on his own personal recognizance and went to court on Jan. 27th. On Jan. 29th, he was found "NOT GUILTY BY REASON OF SELF DEFENSE" by an all white jury. Nonetheless, he was found guilty of depreciating federal property, a non-jailable offense. However, the Federal Judge imprisoned Marc for stopping the weapon that was used against him, the federal pickup truck, and refuses to release him as of Feb. 16, 2009! The same judge will sentence him on April 21, 2009, and could send him to a federal prison for ten years! Marc's lawyer is appealing the decision.

See Marc's statement here:

What you can do:

1. Marc does handyman work like so many other men on the Pine Ridge Indian Reservation trying to provide for his family. Neighbors and family are taking care of his place and animals. However, funds are being raised to help with his bail, fines, and restitution payments. Donations to the Marc Wisecarver Legal Fund may be sent to: Rosie Freier, PO Box 366, Manderson, SD 57756. Thank you.

2. Anyone who knows Marc would know that he is always concerned about other people. He has said that there are some in jail who should be there, but that there are others who are also unjustly incarcerated, and that there needs to be some way to help the innocent.

Please send a letter to the new Attorney General, Eric Holder, asking for a major investigation into the federal justice system in South Dakota particularly in those cases involving people from the Pine Ridge Indian Reservation.

Letters requesting an investigation into the federal judicial system in South Dakota can be sent to:

Eric Holder, Attorney General

US Department of Justice

950 Pennsylvania Ave. NW

Washington, DC 20530

Please send copies of your letter to:

President Barrack Obama

The White House

1600 Pennsylvania NW

Washington, DC 20500

Amnesty International USA

Mid-West Office

53 West Jackson

Suite 731

Chicago, IL 60604


Southern Poverty Law Center

400 Washington Ave.

Montgomery AL 36104

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John LeKay, born in London England.
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Upside Down Justice in South Dakota

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