RESMURS
FBI RESPONSE 
UNSOLVED MURDERS 

Over the past several months unsolved murders on Pine Ridge have been faxed by numerous individuals to the Minneapolis FBI Office.  In the wake of growing support for a congressional investigation into alleged misconduct the following meeting was held on Pine Ridge at the request of the Rights Commssion. Story written by the Argus Leader.
Churchill Rebuttal



Argus Leader
07/11/2000

The U.S. Civil Rights Commission and American Indians living on South Dakota reservations criticized the FBI in December 1999 for dozens of unresolved murders of local Indians. In response, the FBI issued a report released Monday that lists its findings in the deaths of 57 people. Only a handful of those deaths remain unsolved, according to the FBI. The bureau's findings are printed below in their entirety.
(response in process)
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Leon L. Swift Bird
Allegation:
AIM member killed at Pine Ridge by GOONs ["Guardians of the Oglala Nation"].
Investigation "ongoing."
Finding:
On Jan. 5, 1975, Leon L. Swift Bird was killed near Pine Ridge by Dorothy Iris Poor Bear. Poor Bear stabbed Swift Bird to death with a knife. On Sept. 15, 1975, Poor Bear appeared in U.S. District Court, Rapid City, and entered a guilty plea to an indictment which charged her with voluntary manslaughter in violation of Title 18, U.S. Code, Sections 1153 and 1112. On the same date, Poor Bear was sentenced to the custody of the attorney general for a period of three years. Execution of the prison sentence was suspended, and Poor Bear was placed on probation.
Family Statement
NOTE: No Cases of Record appear with the name "Poor Bear" at www.jurisline.com

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Lydia Cut Grass
Allegation:
AIM member killed at Wounded Knee by GOONs.
No investigation.
Finding:
On Jan. 5, 1976, Lydia Cut Grass died at a residence in Wounded Knee. Initial information suggested that Cut Grass might have died as a result of a beating that took place three weeks before her death. An autopsy determined her death was not linked to the prior beating, but was a result of over consumption of liquor.
RESPONSE: Lydia Cut Grass; No further information available at this time.

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Edward Means, Jr.
Allegation:
AIM member found dead in Pine Ridge alley, beaten. No investigation.
Finding:
On Jan. 7, 1974, Edward Means Jr. was found dead in an alley behind the Wesleyan Lakota Mission in Pine Ridge. The autopsy determined the cause of death to be hypothermia related to acute alcoholic intoxication.
RESPONSE:

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Byron DeSersa
Allegation:
OSCRO organizer and AIM supporter assassinated by GOONs in Wanblee. Arrests by local authorities resulted in two GOONs - Dale Janis and Charlie Winters, serving two years of five year sentences for "manslaughter." Charges dropped against two GOON leaders, Manny Wilson and Chuck Richards, on the basis of "self-defense" despite DeSersa having been unarmed when shot to death.
Finding:
Byron DeSersa was shot and killed Jan. 31, 1976, while driving his motor vehicle on the outskirts of Wanblee. The defendants were acquitted by a jury March 2, 1977. Codefendant Charles David Winters pleaded guilty to being an accessory after the fact to second-degree murder and was sentenced to five years in prison. A juvenile defendant was tried on second-degree murder charges and found guilty by a federal jury and was sentenced May 16, 1977, under the Federal Youth Corrections Act, 18 U.S.C. 4219.

REBUTTAL:{ details }
Byron was a prime witness of FBI misconduct in its case against Banks and Means...George Bettelyoun (Oglala), a passenger in DeSersa's car, provided precise identification of the killers, who included Dick Wilson's  son Billy and son-in-law, a GOON leader named Chuck Richards.  The agents declined to make arrests, stating  that they were there in a "purely investigative" capacity.

Byron DeSersa - Self-defense ?  While driving?
    Byron was in a group of people that was first attacked by GOONS, then
chased in cars by the GOONS.  Byron was shot through the car door into his
leg, which caused a massive wound. The car crashed and he was allowed to
bleed to death...Jim Burnes

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Anna Mae Pictou Aquash
Allegation:
AIM organizer assassinated on Pine Ridge. FBI involved in attempt to conceal cause of death. Ongoing attempt to establish "AIM involvement" in murder. Key FBI personnel never deposed. Coroner never deposed.
Finding:
In September 1976, Anna Mae Pictou Aquash's partially decomposed body was discovered in a remote area in the northeastern part of the Pine Ridge Indian Reservation. Cause of death was determined to be a gunshot wound to the head. The Aquash murder has been linked by media reports to the RESMURS investigation. In June 1975, FBI special agents Jack Coler and Ron Williams were ambushed and killed execution-style on Pine Ridge. The ensuing reservation murders investigation, RESMURS, resulted in the trial and conviction of Leonard Peltier, and the trial and acquittal of two other individuals. Some attention had been focused on Aquash for her possible knowledge of the slayings. Rumors circulated that Aquash cooperated with the government and was an FBI informant. These rumors were untrue. The coroner, who died shortly after performing the autopsy on Aquash was not deposed. The Aquash murder has not been solved.

REBUTTAL {details }: Having been hustled back to South Dakota from Oregon by SA J. Gary Adams on February 10, after being arrested in the Brando motor home, Aquash had promptly disappeared. Her body - dead for several days -was discovered in a ravine near the village of Wanblee by Oglala rancher Roger Amiotte on February 24, 1976.  Since this time, FBI  disinformation has attempted to pin her death on AIM.
"Enclosed...one pair of hands..."
CHURCHILL REBUTTAL
The FBI report states that Aquash's body was discovered "in September 1976." It was actually discovered on February 24 of that year.  The report goes on to state that the cause of death "was determined to be a gunshot wound to the head."  Unmentioned is the fact that the official cause of death listed after the initial autopsy, performed by FBI contract coroner W.O. Brown, was "exposure."  Only a second autopsy, demanded by Aquash's family and performed by independent pathologist Garry Peterson, revealed the gunshot wound.  Although the allegation to which the FBI is responding points out that neither the coroner nor FBI personnel present during the initial autopsy have ever been deposed in the Bureau's still "ongoing" investigation of the murder, the report observes only that "the coroner.was not deposed [because he] died shortly after the autopsy" (in reality, it was more than a year later).  No mention is made of the FBI personnel involved, agents David Price and William Wood.  Finally, it is implied that the victim had been placed at risk of retribution from AIM members because of "rumors.that Aquash had cooperated with the government and was an FBI informant."  The role played by Douglass Durham and other FBI infiltrators in fostering these rumors - and that this is a standard Bureau counterintelligence technique known as "badjacketing" (or "snitch-jacketing") designed to "neutralize" the political effectiveness of targeted activists - is neglected altogether.
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Lena R. Slow Bear
Allegation:
AIM supporter killed at Oglala by GOONs.
No investigation.
Finding:
On Feb. 6, 1976, Lena R. Slow Bear was found dead beside a road near Pine Ridge, South Dakota. The autopsy determined that death was caused by alcohol intoxication and exposure.
RESPONSE: No further info at this time
CHURCHILL REBUTTAL
The cause of death indicated with respect to each of these individuals{ sic} is
"exposure."  The autopsy on each of the deceased was performed by W.O.
Brown.  In view of Dr. Brown's performance in the Aquash case, there is no
reason to accept the validity of his findings at face value.  Other than
filing the coroner's reports, the FBI conducted no investigation into any of
these deaths.
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Edward Standing Soldier
Allegation:
AIM member killed near Pine Ridge by "party or parties unknown."
No investigation.
Finding:
On Feb. 18, 1974, Edward Joseph Standing Soldier died of a gunshot wound to the abdomen. Investigation by the FBI revealed Standing Soldier died of a .22-caliber gunshot wound fired by Gerald Janis.
Investigation revealed that three juvenile subjects, including Standing Soldier, were involved in an armed robbery in Janis' residence at Pine Ridge. Janis shot Standing Soldier with a .22-caliber rifle as a result of this armed robbery. The matter was presented to a U.S. grand jury on Feb. 22, 1974, and a "no bill" was returned, resulting in no prosecution and the FBI investigation being closed.
RESPONSE: No further info available at this time.
CHURCHILL REBUTTAL
The report points out that Standing Soldier was killed not by "party or parties unknown," as Vander Wall and I erroneously stated, but by a GOON named Gerald Janis.  It then proceeds to accept at face value an improbable tale about how the victim was killed while engaged in an armed robbery of the killer's home.  When this "evidence" was presented to a grand jury, the report concludes, "a no bill was returned resulting in no prosecution and the FBI investigation closed."  To all appearances, the "investigation" was more of an orchestration of the murder's exoneration.
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Martin Montileaux
Allegation:
Killed in a Scenic, South Dakota, bar. AIM leader Richard Marshall later framed for his murder. Russell Means also charged and acquitted.
Finding:
On March 7, 1975, Martin Montileaux died after being shot in the neck in a bar in Scenic. Montileaux's dying declaration was "Russell Means' friend" was the person who shot him. Russell Means and Richard Marshall were arrested by the Pennington County Sheriffs Office for the shooting of Montileaux. Scenic is approximately 20 miles north of the Pine Ridge Indian Reservation border. The FBI had no investigative jurisdiction in this matter.

RESPONSE { details }:  Over 20 AIM leaders were picked up nationwide as the result of an FBI memo two days following this shooting by an "unidentified assailant" (per taped interviews of the victim with the Pennington County Sheriff's Department officer Don Phillips.)
CHURCHILL REBUTTAL:
Since the murder occurred in the town of Scenic, about 20 miles north of the Pine Ridge boundary, it is claimed that "the FBI had no investigative jurisdiction in the matter."  While this is true in principle, the fact is that the Bureau not only investigated but provided key witnesses employed by state prosecutors in obtaining a first degree murder conviction and sentence of life imprisonment against AIM member Richard Marshall.  Correspondingly, it is left unmentioned that the witness was Myrtle Poor Bear, the same psychologically unbalanced woman from whom agents David Price and William Wood collected three false and mutually contradictory affidavits purporting to incriminate Leonard Peltier in the deaths of agents Coler and Williams, and that one of these affidavits was then used to obtain the fraudulent extradition of Peltier from Canada.  Finally, nothing is said about the fact that Poor Bear subsequently recanted her testimony against both Marshall and Peltier, claiming it had been coerced by agents Price and Wood (who admittedly held her incommunicado and against her will in a Nebraska motel room for more than a month).  As in the Aquash case, there is no indication agents Price and Wood have been so much as questioned with respect to the distinct possibility they suborned perjury and otherwise obstructed justice in all three of these murder investigations.
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Hobart Horse
Allegation:
AIM member beaten, shot and repeatedly run over with automobile at Sharp's Comers.
No investigation.
Finding:
Hobart Kenneth Horse died March 27, 1977, from multiple gunshot wounds. Roger James Cline was charged with the death March 28, 1977, and found guilty of voluntary manslaughter Sept. 8, 1977. Cline was sentenced to 10 years.
RESPONSE: No further information available at this time
CHURCHILL REBUTTAL:
It is observed that the assailant in this case, Roger James Cline, was convicted of voluntary manslaughter and sentenced to 10 years imprisonment. Omitted is the fact that the arrest, prosecution, and conviction resulted from actions undertaken by the BIA police rather than the FBI.  Nor is mention made of the fact that no investigation at all seems to have been conducted with respect to the possible culpability of several associates of Cline, all known members of the GOON Squad, who were present when the crime was committed.  Finally, the appropriate charge in a killing of such barbarity - witnesses said Horse was not only shot but run over several times with a car - would be first degree murder rather than manslaughter.
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Stacy Cotter
Allegation:
Shot to death in an ambush at Manderson.
No investigation.
Finding:
Stacy Cotter, true name Stacy G. Cortier, also known as Stacy G. Cottier, was found March 21, 1975, in Manderson with numerous bullet wounds. Cortier was shot sometime during the evening or early morning of March 20-21, 1975. Investigation revealed that after apparent arguments and a car being shot up, Jerry Bear Shield may have been shot in the neck by Cortier, and Bear Shield in turn killed Cortier. Jerry Bear Shield was convicted Oct. 23, 1975, upon a plea of guilty in U.S. District Court in Rapid City to an information charging violation of 18 USC, Section 1153 and 1112, voluntary manslaughter. Bear Shield was sentenced to one year in custody.
CHURCHILL REBUTTAL:
The report acknowledges that AIM member Cortier died of "numerous bullet wounds" inflicted by GOON Squad member Jerry Bear Shield (whom, it is suggested, "may" have been shot in the neck by Cortier during an exchange of gunfire).  Any FBI investigation would have been strictly pro forma since Bear Shield quickly entered into a plea bargain arrangement resulting in a sentence of one year on a charge of voluntary manslaughter.  He ultimately served less than nine months.
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Edith Eagle Hawk
(and her two children)
Allegation:
AIM supporter killed in ail automobile accident after being run off the road by a white vigilante, Albert Coomes. Coomes was also killed in the accident. GOON Mark Clifford identified as having also been in the Coomes car, escaped. Investigation closed without questioning Clifford.
Finding:
Edith Eagle Hawk died March 22, 1975. She died as a result of a two-car automobile accident four miles north of Scenic in Pennington County, outside the exterior boundaries of the Pine Ridge Indian Reservation. Her injuries described on her death certificate indicate the immediate cause of death was a crushed chest.
This matter was not investigated by the FBI because it occurred off the reservation, outside of federal jurisdiction.

REBUTTAL:

Edith Eagle Hawk and her 4 month old daughter and three year old grandson -an AIM supporter killed in an  automobile accident after being run off the road by a white vigilante, Albert  Coomes on Highway 44 between Scenic and Rapid City. She was a defense witness  for Jerry Bear Shield who had been charged with shooting Wilson goon William Jack Steel.  Coomes, a rancher, was also killed in the accident.  Goon Mark Clifford identified  as having also been in the Coomes car, escaped. Investigation closed without questioning Clifford, his name absent from the BIA police reports.

Edith Eagle Hawk.  Auto accident?  GOON not questioned ?
    The lady and her children were seen and the chase began on the
reservation, therefore  the FBI had the duty to investigate.
     You see, it does not matter where the incident ends,  but where it
begins that determines if FBI or another agency has authority...Jim Burnes
CHURCHILL REBUTTAL:
The report observes that the victims died in a "two car accident" north of Pine Ridge, and that the "matter was not investigated by the FBI because it occurred off the reservation, outside federal jurisdiction."  Unmentioned are the facts that Eagle Hawk was en route to Rapid City to testify in federal court concerning GOON violence on Pine Ridge, that the driver of the other vehicle was Albert Coomes, a white vigilante known to be involved with the GOONs (witnesses reported that another know GOON was a passenger in his car), that witnesses described how Coomes appeared to have forced Eagle Hawk 's vehicle off the road, and that murder of a federal witness falls under FBI jurisdiction, no matter where it occurs.
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Cleveland Reddest
Allegation:
AIM member killed at Kyle by "person or persons unknown."
No investigation.
Finding:
Cleveland Reddest died March 26, 1976, as a result of a hit-and-run accident 18 miles east of Kyle. Evidence points to Reddest lying in the road before the accident. Two suspects were identified. One of the individuals acknowledged driving the car. The case was not prosecuted because there was insufficient evidence of criminal conduct.
RESPONSE: No further info available at this time.
CHURCHILL REBUTTAL:
The cause of death indicated in each of these cases is "hit and run," a finding which hardly precludes vehicular homicide.  In the case of Reddest, it is noted that the victim appeared to have been "lying in the road before the accident."  As in the Eagle Deer case, however, an autopsy revealed no alcohol or other intoxicants to have been present in his bloodstream, a matter strongly suggesting he may have been beaten unconscious before being run over.  It is noted that two suspects were identified at the time. Unmentioned is the fact that both were know GOONs.  Neither was prosecuted because the FBI abandoned its investigation before "sufficient evidence of criminal conduct" could be developed.  The available evidence in the Spider case is more suggestive of blunt trauma injury to the head caused by a club than by a car.  Again, a known GOON was identified, but the FBI's investigation closed at a point when there was still "insufficient evidence to charge a person with the death."  The White Plume case follows much the same pattern.
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Jeanette Bissonette
Allegation:
AIM supporter killed by sniper at Pine Ridge. Unsuccessful attempt to link AIM members to murder. No other investigation.
Finding:
Jeanette Bissonette died March 26, 1975, as a result of being shot about 8 miles north of Pine Ridge, when her car broke down. No positive information was developed to identify the individual responsible.

REBUTTAL: Jeanette Bissonette, sister in law of slain Oglala Sioux Civil rights Leader, Pedro Bissonette was killed by sniper fire at approximately 1:00 AM on March 27 on her way home from a wake for her friend Stacey Cottier who had been shot a week earlier.
CHURCHILL REBUTTAL:
The report fails to contradict the allegation.  It does, however, neglect to mention that the agents inexplicably focused their investigative attention on AIM as the probable culprit, or that, in his interview with McKiernan and DuBois, GOON commander Duane Brewer candidly admitted that his men had killed Bissonette "by mistake."  There being no statute of limitations on murder, this raises the question of why the FBI has not reopened its investigation in this case.
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Richard Eagle
Allegation:
Grandson of AIM supporter Gladys Bissonette killed while playing with loaded gun kept in the house as protection from GOON attacks.
Finding:
Richard Eagle died of a gunshot wound to the head which occurred March 30, 1975. Eagle was shot with a .22-caliber sawed-off rifle that he and other children were handling at a relative's home on the Pine Ridge Indian Reservation. The South Dakota U.S. Attorney's Office declined to prosecute the case, which appeared to be accidental.
RESPONSE:  No further information available at this time.

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Hilda R. Good Buffalo
Allegation:
AIM supporter stabbed to death at Pine Ridge by GOONs.
No investigation.
Finding:
Hilda R. Good Buffalo was found dead April 4, 1975, in her home in Pine Ridge. She had a superficial stab wound on her neck, and there had been a small fire in her home. The autopsy determined the cause of death to be carbon-monoxide poisoning, acute alcoholism and other factors. There was insufficient evidence of a crime to support filing of criminal charges.
RESPONSE: Stabbed?  and no charges filed?  a small fire would create insufficient carbon monoxide to kill..
CHURCHILL REBUTTAL:
In another W.O. Brown cause of death finding regurgitated as "fact" in Accounting for Native American Deaths, Good Buffalo is said to have succumbed to "carbon monoxide poisoning, acute alcoholism and other factors" during a "small fire in her house."  The source of the fire is not identified, nor is it indicated whether the "other factors" involved might include a stab wound to the neck the victim is noted as having suffered just before she died.  Beyond filing Brown's "accidental death" report, the FBI conducted no investigation.
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Jancita Eagle Deer
Allegation:
AIM member beaten and run over with automobile. Last seen in the company of federal agent provocateur Douglass Durham.
No investigation.
Finding:
Jancita Eagle Deer died near Aurora, Neb., April 4, 1975. She was the victim of a car/pedestrian accident, and her death was reported as accidental. Since her death occurred outside the jurisdiction of the FBI, no investigation was conducted by the FBI. However, a motor-vehicle accident report from the state of Nebraska indicated that Eagle Deer was standing in a lane of traffic at night and was hit by a driver who did not see her. The driver stopped, called for an ambulance and police assistance at the time of the accident.
REBUTTAL:  Jancita Eagle Deer testified before Judge Mario Gonzales in Rosebud Tribal Court concerning an alleged rape in 1966 by Gov William Janklow on October 31, 1974.  No further proceedings were held.
CHURCHILL REBUTTAL:
The report recounts simply that Eagle Deer was struck by an automobile and killed while standing in the middle of a remote stretch of Nebraska highway in the dead of night.  It is not mentioned that she was last seen alive in the car of FBI infiltrator Douglass Durham, or that he had recently used her as a pawn in an elaborate counterintelligence gambit designed to discredit AIM leader Dennis Banks and was in the process of trying to cover his tracks.  Also neglected are the facts that the driver of the car which hit her described Eagle Deer as appearing to have been "drunk" immediately prior to the impact, but that an autopsy revealed no alcohol or other intoxicants to have been present in her bloodstream.  This obviously raises the question of whether her peculiar behavior resulted from having been beaten senseless and dumped along the road, presumably by Durham, before regaining consciousness and being run over.  Whatever the truth, the FBI displayed absolutely no interest in investigating one of its own.
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Priscilla White Plume
Allegation:
Aim supporter killed at Manderson by GOONs.
No investigation.
Finding:
Priscilla White Plume was found dead July 14, 1973. She was believed to have been struck and killed in a hit-and-run accident near Manderson by a vehicle. On Sept. 28, 1976, the South Dakota U.S. Attorney's Office declined prosecution in this matter because there was insufficient evidence to establish a federal crime. Further, there was inadequate information to identify a perpetrator. In view of the declination, no further investigation was conducted by the FBI.
RESPONSE:  No further information available at this time.

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Frank Clearwater
Allegation:
AIM member killed by heavy machine gun round at Wounded Knee.
No investigation.
Finding:
Frank Clearwater, true name Frank J. Clear, was shot at a road block in Wounded Knee in April 1973 during a gunfight which started when federal agents were fired upon. They returned fire. Clearwater died in a hospital April 25, 1973. The facts gathered indicated Clearwater's death was the result of gunfire received from federal law enforcement officials after six to eight individuals began firing at deputy U.S. marshals at a road block on April 13, 1973.

REBUTTAL{eyewitness}: AT 6 AM April 16, fourteen people entered the camp through the lines carrying supplies. Including Frank and Morningstar Clearwater, Apaches who had hitchhiked 2,200 miles from NC.  Frank, aged 47 had planned to hike out for further supplies, he lay down for a nap before the return trip in the Catholic Church on the north side of the village.  As he slept, an APC opened fire on the Hawk Eye bunker due north of the church.  An M-16 round shattered his skull as he slept.  He was unsconscious until passing 10 days later.}
NOTE
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Roxeine Roark
Allegation:
AIM supporter killed at Porcupine by "unknown assailants." Investigation open, still "pending."
Finding:
Roxeine Roark, a teacher at the Porcupine Day School, was shot in stomach with a .357 magnum pistol at her residence in Porcupine. Investigation revealed that Roark and a friend were handling the weapon when it discharged accidentally. Roxeine died en route to the hospital. No prosecution was undertaken because of the lack of sufficient evidence of a crime.
RESPONSE:  No further information available at this time.
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Buddy Lamont
(true name Lawrence Dean Lamont)
Allegation:
AIM member hit by M16 fire at Wounded Knee and bled to death while pinned down by fire.
No investigation.
Finding:
Buddy Lamont, also known as Lawrence Dean Lamont, was shot and killed April 27, 1973, during a gunfight with federal officers at a roadblock in Wounded Knee. The facts of the matter, along with the autopsy report, were reviewed by the U.S. attorney. No charges were filed.
REBUTTAL {details }
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Betty Jo Dubray
Allegation:
AIM supporter beaten to death at Martin, South Dakota.
No investigation.
Finding:
Betty Jo Dubray died April 28, 1976, approximately 3 miles north of Longvalley on Highway 73 in Washabaugh County as a result of a brain injury in an automobile/truck accident. Her death was the result of an automobile/truck accident, and no investigation was conducted by the FBI.
RESPONSE:  No further information available at this time.
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Marvin Two Two
Allegation:
AIM supporter shot to death at Pine Ridge.
No investigation.
Finding:
Marvin Two Two died in Portland Jan. 2, 1993. David Martin Two Two died May 6, 1976. A review of death certificates in all surrounding counties in South Dakota and Nebraska reflect no record of his death in either of those two states. The FBI had 27 agents assigned to Pine Ridge during that time and would have addressed this case if Two Two had been murdered on Pine Ridge.
RESPONSE:  No further information available at this time.
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Julia Pretty Hips
Allegation:
AIM supporter killed at Pine Ridge by."unknown assailants."
No investigation.
Finding:
Julia Pretty Hips was found May 9, 1976, near the public school at Pine Ridge. An autopsy was performed. The cause of death was attributed to carbon-tetrachloride poisoning, which led to pneumonia. No signs of trauma were observed on her body. Since there was no evidence of a crime, no charges were filed.
RESPONSE:  No further information available at this time.
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Ben Sitting Up
Allegation:
AIM member killed at Wanblee by "unknown assailants."
No investigation.
Finding:
Ben Sitting Up was killed in May 1975 by an individual using an axe. A suspect was identified but was not prosecuted because of impairment caused by a mental condition.
RESPONSE:  No further information available at this time.
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Sam Afraid of Bear
Allegation:
AIM supporter shot to death at Pine Ridge. Investigation "ongoing."
Finding:
Sam Afraid of Bear was discovered on the Pine Ridge Reservation May 20, 1976. He had been beaten to death. Two subjects were identified. Rudolph Running Shield pled guilty in July 1977. Luke Black Elk Jr. was found guilty in U.S. District Court of second-degree murder and sentenced to serve 15 years Feb. 9, 1978.
RESPONSE:  No further information available at this time.
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Kenneth Little
Allegation:
AIM supporter killed at Pine Ridge by GOONs. Investigation still "pending."
Finding:
Kenneth Lee Little died on 06/01/75, in Pine Ridge after being struck with a tire iron by Antoine William Bluebird during a quarrel. Bluebird was found guilty in U.S. District Court, Rapid City on 10/14/75, and sentenced on 10/14/75, to 7 years; 6 months probation.
RESPONSE:  No further information available at this time.
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Kevin Hill
(true name Kenneth Mansfield Hill)
Allegation:
AIM supporter killed at Oglala by "party or parties unknown." Investigation "still open."
Finding:
Kenneth Mansfield Hill, a resident of Los Angeles, was hitchhiking in Oelrich, SD when picked up by four individuals. He was stabbed 19 times, presumably for his money, by a 17 year-old Indian youth. The juvenile was convicted of second degree murder on 10/12/76 in U.S. District Court. He was sentenced on 01/03/77, to 15 years in prison.
RESPONSE:  No further information available at this time.
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Leah Spotted Elk
Allegation:
AIM supporter killed at Pine Ridge by GOONs.
No investigation.
Finding:
Leah Spotted Elk was murdered near Wolf Creek, SD on 06/15/75. Her husband, Kenneth John Returns From Scout, was charged. Subject pled guilty on 10/13/75, to shooting his wife while the two were drinking. He was sentenced to 2 years with 5 months probation.
RESPONSE:  No further information available at this time.
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Joseph Stuntz Killsright
(true name Joseph Bedell Stuntz)
Allegation:
AIM member killed by FBI sniper during Oglala firefight.
No investigation.
Finding:
Joseph Stuntz Killsright, aka Joseph Bedell Stuntz (TN), was shot and killed 06/26/75, during the RESMURS investigation. Stuntz was seen shooting at FBI SA's Williams and Coler at Jumping Bull Community and his body was subsequently found alongside the Green house near the edge of the cliff. Stuntz was apparently shot by a law enforcement officer at the scene. When the body of Stuntz was found, he was wearing a SWAT fatigue jacket with "F.B.I." on the back, belonging to SA Coler, that had apparently been taken from the trunk of SA Coler's vehicle after SA Coler was murdered.
RESPONSE:  See Leonard Peltier Trial transcripts
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Betty Means
Allegation:
AIM member killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 07/03/76, Betty Lou Means was found dead along Highway 18 several miles east of Pine Ridge, South Dakota. She was apparently hit by vehicle. Investigation reflected that an individual was driving a vehicle which struck the victim, Investigation also reflected that the passenger, Arlene Good Voice, grabbed and jerked the steering wheel which caused vehicle to hit Ms. Means. On 12/02/76, the U.S. Attorney's Office, Sioux Falls, South Dakota, declined prosecution of the driver. Although he left the scene of an accident, his actions were not a violation of Federal law. On 07/08/77, Arlene Good Voice pled guilty to Assault, a violation of Title 18, United StStatesCode, Sections 1153 and 113(d). She received a sentence of 18 months probation on 08/22/77, in United States District Court, Rapid City, South Dakota.
RESPONSE: No further info available at this time.
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James Briggs Yellow
Allegation:
Heart attack caused by FBI air assault on his home.
No investigation.
Finding:
James Briggs Yellow, true name James Brings Yellow, was in the Pine Ridge Hospital at least one day prior to his death and may have been in for five days prior to his death. A review of his death certificate showed that he died of three causes. The three causes were ascending cholangitis, gram negative sepsis and resulting shock. Other significant conditions included pneumonia and lung shock.
RESPONSE: (Cholangitis is gall stones)
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Andrew Paul Stewart
Allegation:
Nephew of AIM spiritual leader Leonard Crow Dog, killed by QOGOONSn Pine Ridge.
No investigation.
Finding:
Julius Bad Heart Bull was the victim of an assault occurring near Oglala on July 30, 1973. Witnesses to the incident said Bartholomew Joseph Long knocked the victim to the ground with his fist, picked up a 2-by-4 board, approximately 3 feet long containing several protruding nails, and hit the victim in the head several times. Bad Heart Bull died at Rapid City on July 31, 1973. Long was arrested Aug. 3, 1973 and charged with second-degree murder. On Jan. 11,1974, he appeared in U.S. District Court in Rapid City and was sentenced to the custody of the attorney general. On April 19, 1974, Long was committed to the custody of the attorney general for 10 years.
RESPONSE: No further info available at this time.
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Julius Bad Heart Bull
Allegation:
AIM supporter killed at Oglala by "person or persons unknown."
No investigation.
Finding:
Julius Bad Heart Bull was the victim of an assault occurring near Oglala, South Dakota, on 07/30/73. Witnesses to the incident said Bartholomew Joseph Long knocked the victim to the ground with his fist, picked up a 2 x 4 board, approximately three feet long containing several protruding nails, and hit victim in the head several times. Victim died at Rapid City, South Dakota on 07/31/73. Long was arrested on 08/03/73, and charged with Second Degree Murder. On Jan. 11,1974, he appeared in United States District Court, Rapid City, South Dakota and was sentenced to the custody of the Attorney General. On 04/19/74, Long was committed to the custody of the Attorney General for 10 years.
RESPONSE: No further info available at this time.
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Sandra Wounded Foot
Allegation:
AIM supporter killed at Sharp's Comers by "unknown assailants."
No investigation.
Finding:
On 08/1676, Sandra Ellen Wounded Foot, age 15, was found shot in the head in a remote area of the Pine Ridge Indian Reservation. Suspect Paul Duane Herman, Jr., who was a Bureau of Indian Affairs Investigator, was believed responsible for the murder. The victim was last seen alive with Herman in the early morning of 08/14/76. On 08/16/78, a Federal Grand Jury for the District of South Dakota, Sioux Falls, South Dakota, returned a true bill charging Paul Duane Herman, Jr., with violation of Title 18, U.S. Code, Sections 1153 and I I 11. Herman was arrested on 08/24/78, at Fort McDowell, Arizona. On 12/19/78, Herman pled guilty in U.S. District Court, Rapid City, South Dakota, to a superseding information charging him with violation of Titti 18, U.S. Code, Sections 1153 and 111-2, Voluntary Manslaughter. On 02/09/79, he was sentenced to ten years in the custody of the Attorney General.
RESPONSE: No further info available at this time.
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Randy Hunter
Allegation:
AIM supporter killed at Kyle by "party or parties unknown." Investigation still "ongoing."
Finding:
On the evening of 08/25-26/75, Randy Hunter was shot to death in Kyle, South Dakota. Vern Carlin Top Bear was identified through witnesses as threatening victim with a rifle and subsequently shooting the rifle which resulted in Hunter's death. On 10/13/75, Vern Carlin Top Bear was found not guilty by a jury in United States District Court, Rapid City. The indictment had charged him with Second Degree Murder in violation of United States Code, Title 18, Sections 1153 and I I 11.
RESPONSE: No further info available at this time.
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Dennis LeCompte
Allegation:
AIM member killed at Pine Ridge by GOONs.
No investigation.
Finding:
On Sept. 7, 1974, Pine Ridge Police Department officers responded to a fight at the Glenn Three Stars residence in Pine Ridge. Upon arrival, police found the children in the living room and Dennis LeCompte dead in the northwest bedroom. Three Stars admitted shooting Dennis LeCompte during a struggle after LeCompte stabbed Three Stars' son with a knife. On June 23, 1975, Three Stars was indicted by a federal grand jury in Sioux Falls. On Oct. 15, 1975, his trial commenced in U.S. District Court in Deadwood. On Oct. 17, 1975, Three Stars was acquitted of the charge voluntary manslaughter.
RESPONSE: No further info available at this time.
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Howard Blue Bird
Allegation:
AIM supporter killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 09/04/75, the Pine Ridge, South Dakota Police Department received a telephone call from an unknown female who reported a fight and stabbing at the Le Roy Apple residence in Pine Ridge, South Dakota. Pine Ridge Bureau of Indian Affairs (BIA) police officers found the victim, Howard Blue Bird, lying in the kitchen. On 09/05/75, a Federal Grand Jury, Rapid City, South Dakota returned a true bill charging Le Roy Apple with violation of Title 18, USC, Sections 115 3 and It 12. On 09/10/75, Apple was interviewed and admitted stabbing Blue Bird. On 10/15/75, Apple appeared in U.S. District Court, Deadwood, South Dakota, and pled guilty to violation Title 18, U.S. Code, Section 113(c), Assault with a Deadly Weapon to Commit Bodily Injury. He was sentenced to one year in the custody of the Attorney General.
RESPONSE: No further info available at this time.
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James Little
Allegation:
AIM supporter stomped to death by GOONs in Oglala.
No investigation.
Finding:
On Sept. 10, 1975, James Little was kicked and beaten to death at OgIala. Tom Chief Eagle, Cecil Bear Robe, Fred Marrowbone and a juvenile were identified by witnesses as having participated in the beating death of Little. The suspects were arrested by BIA officers Sept. 11, 1975. On Oct. 20, 1975, a federal jury sitting in the trial at Rapid City found Chief Eagle, Marrowbone and the juvenile guilty of voluntary manslaughter, Title 18, U.S. Code, Section 1112(a). Bear Robe was acquitted. On Dec. 5, 1975, Chief Eagle was sentenced to the custody of the U.S. attorney for 6 years, the juvenile was sentenced to the custody of the U.S. attorney general for 4 years pursuant to the Federal Youth Corrections Act and Marrowbone was sentenced to the custody of the U.S. attorney general for 6 years.
RESPONSE: No further info available at this time.
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Jackson Washington Cutt
Allegation:
AIM member killed at Parmalee by "unknown individuals." Investigation still "ongoing."
Finding:
On 09/11/73, Jackson Washington Cutt was found dead in front of a residence in Parmelee, South Dakota. Information from wiwitnessesndicated the victim was involved in fight earlier in the morning. An eyewitness observed a suspect hit the victim over head with hatchet. The suspect was arrested on 12/27/73 in Parmelee, South Dakota by the Rosebud Police Department. On 01/29/75 a witness was re-interviewed and advised that he did not actually see the suspect strike the victim with a hatchet. On 01/29/75 the suspect was rere-interviewed.  He admitted being near the scene but denied involvement and denied knowledge of who perpetrated the crime. An Assistant U.S. Attorney, Sioux Falls, South Dakota, advised that a motion and order to dismiss the indictment in the above captioned matter was filed on 03/13/75. There was insufficient evidence to achieve a conviction.
RESPONSE: No further info available at this time.
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Robert Reddy
Allegation:
AIM member killed at Kyle by gunshot.
No investigation.
Finding:
Robert Reddy was found dead on 12/16/1974, near Kyle, SD, on the Pine Ridge Reservation. An autopsy revealed Reddy died of two stab wounds through the heart. Although a suspect was identified, there was insufficient evidence to charge and convict the suspect.
RESPONSE: No further info available at this time.
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Melvin Spider
Allegation:
AIM member killed in Porcupine, South Dakota.
No investigation.
Finding:
On 09/22/73, a BIA officer requested FBI assistance with regard to Melvin Spider, who was found dead on the road between Porcupine and Sharp's Comer on the Pine Ridge Reservation. Initial investigation suggested Spider was either a victim of a vehicular hit and run or a severe blow to the head. Interviews revealed Spider was drunk prior to his death. An autopsy on 09/22/73 revealed Spider died on 09/21/73, of extensive cerebral lacerations of the brain, which were traumatic in nature, the cause of which was not obvious. Although a suspect. was developed, there was insufficient evidence to charge that person with the death.
RESPONSE: No further info available at this time.
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Philip Black Elk
Allegation:
AIM supporter killed when his house exploded. Details
No investigation.
Finding:
On 06/30/73, the private residence of Phillip Black Elk was completely destroyed by a propane gas explosion. Investigation determined that the explosion was caused by a leakage of propane gas within the residence. A thorough neighborhood investigation was conducted which revealed there had been a previous problem with propane gas leakage in the neighborhood over the previous two weeks. Immediately after the explosion, Black Elk advised he entered the residence and attempted to light the pilot on the hot water heater when the explosion occurred. Black Elk suffered severe burns and was immediately taken to the Pine Ridge Community Hospital, where he was listed in serious condition. Shortly thereafter, Black Elk was flown to Fitzsimmons General Hospital, Denver, Colorado, where he died. Since the injury was accidental and caused by actions of the victim, no further criminal investigation was conducted.
RESPONSE: No further info available at this time.
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Aloysius Long Soldier
Allegation:
AIM member killed at Kyle, South Dakota, by GOONs.
No investigation.
Finding:
On 02/09/77, South Dakota DCI advised the FBI of investigation into the death of Aloysius Long Soldier. He died on 10/07/74. On 02/16/77, a family member requested a review of the death investigation. The BIA investigative file into the death was reviewed. It was the conclusion of the BIA that there was no evidence that the death of Aloysius was anything other than a suicide. The BIA case was closed. In view of the BIA investigative results, and since the family member was unable to offer any factual evidence suggesting that the death was a homicide, no further investigation was conducted.
RESPONSE: No further info available at this time.
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Phillip Little Crow
Allegation:
AIM supporter beaten to death by GOONs at Pine Ridge.
No investigation.
Finding:
On 11/14/73, on the Pine Ridge Reservation, Irby Leroy Hand killed Phillip Emery Little Crow by striking him with his fists. Hand signed a confession. Autopsy results revealed Little Crow died of a skull fracture. On 08/28/74, Hand was sentenced to five years custody of the Attorney General.
RESPONSE: No further info available at this time.
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Pedro Bissonette
Allegation:
Oglala, Sioux Civil Rights Organization (OSCRO) organizer and AIM supporter assassinated by BIA Police/GOONs. Body removed from Pine Ridge jurisdiction prior to autopsy by government contract coroner.
No investigation.
Finding:
Pedro Bissonette was killed on a highway four miles north of Pine Ridge. BIA officers tried to arrest Bissonette on two fugitive warrants, one stemming from his Wounded Knee activities. When Bissonette advanced on the officers with a raised 30.06, he was shot. Five hours prior to the time he was shot, Bissonette had eluded two other BIA police officers. Autopsy results revealed Bissonette was killed by a single shotgun blast in the chest fired by a police officer.
REBUTTAL***
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Olivia Binas
(true name Olivia Bianas)
Allegation:
AIM supporter killed in Porcupine by "person or persons unknown." Investigation still "open."
Finding:
On 10/26/75, BIA police contacted the FBI to advise that Olivia Bianas was found dead at her home. An autopsy revealed Olivia died of a cerebral hemorrhage caused by a severe beating. Witnesses observed Norman Bianas beat his wife on the day she died. On 10/27/75, Norman Bianas was arrested. On 11/13/75, he made an admission of his role in the death. On 01/23/76, Bianas pled not guilty to voluntary manslaughter. He subsequently withdrew the plea on 03/08/76. On 07/09/76, he wa's sentenced to eight years custody of the Attorney General. The U.S. Federal Appeals Court upheld his conviction.
RESPONSE: No further info available at this time.  NO Federal Court  of Appeals case on file under any variation of spelling prior to 1986.
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Janice Black Bear
Allegation:
AIM supporter killed at Manderson by GOONs.
No investigation.
Finding:
Janice Joyce Black Bear died on 10/26/75. An autopsy revealed the cause of Black Bear's death was cerebral contusions. Contributing death factors were acute alcoholism and phenobarb/qualude intoxication. A suspect, George Michael Twiss, admitted to spending the evening with the victim. Twiss recalled that he woke up at home and had blood on his arms, shirt and pant leg. Twiss was arrested by the BIA when they arrived at his home and he was washing his hands. On 07/06176, Twiss pled guilty to Involuntary Manslaughter. On 09/03/76, Twiss was sentenced to three years custody of the Attorney General.
RESPONSE: No further info available at this time.
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Michelle Tobacco
Allegation: AIM supporter killed at Pine Ridge by "unknown persons."
No investigation.
Finding:
Michelle Linda Tobacco, age 9 months, died on 10/27/75. A relative of the victim advised that she consumed liquor, tripped and fell with the baby. When the relative awoke, Michelle was dead. Autopsy revealed victim died on 10/27/75, of acute pneumonitis and hemorrhage to her adrenal gland. The U.S. Attorney's Office declined to prosecute the relative.
RESPONSE: No further info available at this time.
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Delphine Crow Dog
Allegation:
Sister of AIM spiritual leader Leonard Crow Dog. Beaten by BIA police and left lying in a field. Died from "exposure."
No investigation.
Finding:
Delphine (Crow Dog) Eagle Deer died 12/06/72. The cause of death listed on her death certificate was exposure and sub-zero weather. Other significant conditions included acute alcoholism. More specifically, the death certificate indicated that the injury occurred as the result of "accidental freezing to death," in an open field approximately 2.3 miles southwest of St. Francis, South Dakota, within the exterior boundaries of the Rosebud Reservation. An autopsy was conducted and the findings of the autopsy determined the ababove listed causes of death.
RESPONSE: Delphine (Crow Dog) Eagle Deer first reported the rape of Jancita...
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Elaine Wagner
Allegation:
AIM supporter killed at Pine Ridge by "person or persons unknown."
No investigation.
Finding:
On 11/30/74, the body of Elaine Wagner was found in a creek bottom in Pine Ridge, South Dakota. Autopsy showed Wagner died of exposure. Interviews revealed that at about 4:00 p.m. on 11/29/74, Wagner joined two car loads of persons and drank with several individuals on the evening of 11/29/74. After drinking for several hours, Wagner went to a nearby home. At approximately 10:00 p.m. on 11/29/74, Wagner left the house. Her body was found on the afternoon of 11/30/74 approximately 100 yards from the house. No subject has been developed and all available investigative leads were exhausted. From all the evidence, this matter appeared to be a non-felonious death. The U.S. Attorney advised that there was insufficient evidence to charge any person.
RESPONSE: No further info available at this time.
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Allison Fast Horse
Allegation:
AIM supporter shot to death near Pine Ridge by "unknown assailants."
No investigation. more detail
Finding:
Allison Fast Horse, aka Allison Little Spotted Horse, Jr. (TN), was found shot to death on Chadron Road approximately one mile south of Oglala, SD on the morning of 11/23/73. He had been shot in the chest with a.22 caliber bullet. An autopsy indicated death was attributed to the bullet wound. Examination of physical evidence failed to provide any indication as to the identity of any possible suspects.
RESPONSE: No further info available at this time.
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John S. Moore
Allegation:
20 year old Penobscot from Maine, AIM supporter stabbed to death in Lincoln, Nebraska. With stab wounds through the neck and face, and with other cuts and bruises, death was ruled a "suicide." Eight years later, the "suicide" ruling was changed, but no further investigation.
Finding:
On 12/02/74 Lincoln, Nebraska, Police Department executed search warrant for the barracks housing the Wounded Knee Defense/Offense Legal Committee. The warrant was based on the armed robbery of local residents by four Indian males. Three individuals, Laurence V. Red Shirt, Garrett E. Wounded Head and Larry J. Martinez, were arrested in connection with the robbery. John S. Moore, the fourth suspect in the robbery, was found dead in the barracks. He was fatally stabbed through the neck and the right side of his face. The autopsy report indicated death was caused by suicide. This matter was not investigated by the FBI.
RESPONSE: No further info available at this time.
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Carl Plenty Arrows Sr.
Allegation:
AIM supporter shot to death near Pine Ridge by "person or persons unknown."
No investigation.
Finding:
At 6:30 p.m. on 12/05/75, Glen Thomas Janis shot Carl Plenty Arrows, Sr. and Frank Claude LaPointe at Pine Ridge, South Dakota. Carl Plenty Arrows, Sr. was pronounced dead at the scene. Frank LaPointe subsequently died at Gordon Hospital, Gordon, Nebraska ' on 12/05/75. Janis voluntarily turned himself in to Pine Ridge authorities on 12/05/75. During an interview with FBI Agents on 12/06/75, Janis admitted shooting Carl Plenty Arrows, Sr. Janis was also identified by witnesses as the person who shot both victims. On 03/29/76, Glen Janis pled guilty to second degree murder and voluntary : manslaughter (Title 18, USC, Sections 1153, 1111, and 1112). On 06/15/76, Janis was sentenced to 20 years on count 11 and 10 years on count 1, sentences to run concurrently.
RESPONSE: No further info available at this time.
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Frank LaPointe
Allegation:
AIM supporter killed at Pine Ridge by GOONs.
No investigation.
Finding:
At 6:30 p.m. on 12/25/75, Glen Thomas Janis shot Carl Plenty Arrows, Sr. and Frank Claude LaPointe at Pine Ridge, South Dakota. Carl Plenty Arrows, Sr., was pronounced dead at the scene. Frank LaPointe subsequently died at Gordon Hospital, Gordon, Nebraska, on 12/05/75. Janis voluntarily turned himself in to Pine Ridge authorities on 12/05/75. During an interview with FBI Agents on 12/05/75, Janis admitted shooting Carl Plenty Arrows, Sr. Janis was also identified by witnesses as having shot both victims. On 03/29/76 Glen Janis pled guilty: to ' second degree murder and voluntary manslaughter (Title 18, USC, Sections 1.153, 1111, and 1112). On 06/15/76 J*s was sentenced to 20 years on count II and 10 years on count I, sentences to r:un concurrently.
RESPONSE: No further info available at this time.
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Floyd S. Binals
Allegation:
AIM supporter killed at Pine Ridge by GOONs.
No investigation.
Finding:
On 12/25/74 Floyd Sherman Bianas, age 16 months, was killed at the residence of Marion High Bull. High Bull stated he fell with Bianas. No one else was present. The body of Yvette Lorraine Lone Hill, age 7, was discovered on 12/28/74. Lone Hill had scars and bruises all over her body and had obviously been beaten. A witness advised he observed Marion High Bull hit Yvette Lone Hill. On 12/30/74, Marion High Bull was arrested by FBI Agents. Marion Allen High Bull was tried by a jury and on 10/08/75 High Bull was found guilty of one count of voluntary manslaughter (Title 18, USC, Section 1112) and one count of second degree murder (Title 18, USC, Section I I 11). On the same date he was sentenced to 10 years count I and 20 years count 2, sentences to run concurrently.
RESPONSE: No further info available at this time.
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Yvette Loraine Lone Hill
Allegation:
AIM supporter killed at Kyle by "unknown party or parties."
No investigation.
Finding:
On 12/25/74, Floyd Sherman Bianas, age 16 months, was killed at the residence of Marion High Bull. High Bull stated he fell with Bianas. No one else was present. The body of Yvette Lorraine Lone Hill, age 7, was discovered on 12/28/74. Lone Hill had scars and bruises all over her body and had obviously been beaten. A witness advised he observed Marion High Bull hit Yvette Lone Hill. On 12/30/74, Marion High Bull was arrested by FBI Agents.. Marion Allen High Bull was tried by a jury and on 10/08/75 High Bull was found guilty of one count of voluntary manslaughter (Title 18, USC, Section 1112) and one count of second degree murder (Title 18, USC, Section I I 11). On the same date he was sentenced to 10 years count I and 20 years count 2, sentences to run concurrently.
RESPONSE: No further info available at this time.
 



Note:     O'siyo,   The vehicle that is known as an APC used two different machine guns: a 7.62 and a 50 cal.   M16 rifles would have been used by the people riding inside the APC.

    The M16 bullet looks very like a 22. rifle bullet;  The 50 cal. bullet is
about as long as a standard ink pen,  1/2 inch in diameter and weighs about
1/4 lb.
    The word round is military-talk for bullet and is a general term.
    The night Clearwater was shot,  someone was firing the 50 cal. that was
mounted atop the APC.  One round passed through several layers of wood and other material before hitting Clearwater as he lay asleep.
    Fort Hood, TX  ammo storage site supplied a large portion of the 50 cal.
ammunition that was carried by the APC,  and received back most of the
ammunition when the fighting had ended.

Now, to be clear, when the APC began to fire its 50 cal. other men began to fire their own M16 rifles too.  So there was a hell of a lot of lead raining down.

   Reading what I have typed, it looks like I was there, I was not there.  I
was in Fort Hood, TX and Germany.

   Jim Burnes