And now:[EMAIL PROTECTED] writes: South Dakota Judge Talks About Decision To Drop Charges In Many Horses Case http://www.yankton.net/stories/093099/new_0930990015.html ABERDEEN (AP) -- The judge who dismissed charges against four Mobridge area teen-agers in the death of Robert ''Boo'' Many Horses says he tried to keep emotion out of his decision. ''I just tried to be analytical, and apply the law to the facts of the case,'' Magistrate Judge Tony Portra told the Aberdeen American News. ''I hope that Native Americans don't view this as white justice -- but justice,'' said Portra, who is one-eighth American Indian. ''The law isn't like a basketball game where there are two equal sides and two rims of equal size and height. Things are not always even. You need to do the best you can with what you have.'' Portra ruled Tuesday that the state failed to prove its case against any of the four defendants. Many Horses was found dead in a Mobridge alley on June 30. He had been stuffed in a garbage can. Autopsy results showed that the cause of death was alcohol poisoning. The case drew attention from American Indians who said the defendants, all white, received preferential treatment and that prosecutors weren't aggressive enough. Many Horses was an Indian. Layne Gisi, 19, of Mobridge, was accused of putting Many Horses in the trash can. He was charged with first- and second-degree manslaughter, aggravated assault, and abuse or neglect of a disabled adult. Ryan Goehring, 16, of Mobridge; Joy Lynn Hahne, 18, of Trail City, and Jody Larson, 19, of Mobridge, were charged with aiding and abetting and with being an accessory to a crime and not reporting it. Portra said Walworth County State's Attorney Dan Todd acted too quickly when he charged the teens before getting the autopsy report. ''He rushed in too fast. (Then) he couldn't have dismissed (the charges) even if he had wanted to. He did the best with what he had.'' Todd has not commented on the ruling. In his decision, Portra wrote that although he dismissed the charges, ''The court wishes to make it clear that it does not decide at this time that no offense has been committed by these defendants, only that the elements of the offenses charged have not been met.'' He characterized the actions of the defendants as ''stupid and extremely dangerous,'' adding ''they struck a severe blow to race relations in the area. ''One can only hope that other people, especially young persons, will learn from this incident and be more aware of the ramifications of their actions.'' At issue was whether the four teens caused or contributed to Many Horses' death by placing him in the garbage can, or whether he would have died anyway because of the alcohol. Authorities have said that Many Horses had been drinking beer before meeting the four teens at a Mobridge convenience store. He then went with the others to a field northeast of Mobridge and drank more alcohol. Lila Martel, Many Horses' foster mother, said justice had not been done. She said she continues to think about they way her foster son spent his final hours. ''What those kids did to him was unbearable. The idea of where they left him ... no one deserves to be left in a garbage can.'' All Contents ©Copyright Yankton Daily Press & Dakotan Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
