Appeals court upholds Pine Ridge man's conviction

Thursday, July 19, 2007  

The 8th Circuit Court of Appeals on Wednesday upheld the involuntary manslaughter conviction and sentence of a man from the Pine Ridge Reservation in South Dakota.

Donovan New, 37, was found guilty for killing two people in a car accident on the reservation in March 2006. He was sentenced to 144 months in federal prison for his crime.

New challenged his conviction and sentence, saying his statements to a FBI agent while he was in the hospital should have been suppressed since he was not read his Miranda rights. In those statements, New admitted he had been drinking alcohol prior to the accident.

The appeals court rejected the challenge, saying New's statements were voluntary. The court also said the 144-month sentence was just although it was on the high end of the federal sentencing guidelines.

Get the Story:
Appeals court upholds manslaughter sentence of Oglala man (AP 7/19)

Court Decision:
US v. New (July 18. 2007)