Young tribal members march in support of the Lakota 57 during a powwow in Allen, South Dakota. Photo from The Lakota 57 / Facebook
O'Connell found not guilty in #Lakota57 trial
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By Brandon Ecoffey
LCT Editor RAPID CITY—Trace O’Connell, the non-Native man was accused of throwing beer and yelling racially charged comments at a group of 57 Lakota children during a semi-pro hockey game this past January, has been found not guilty of disorderly conduct by Magistrate Court Judge Eric Strawn. In a verdict that did not go to a jury, Magistrate Court Judge Eric Strawn found O’Connell not guilty of charges that he "caused beer to be spilled upon another person or persons, and uttered racially charged and confrontational words within the hearing of minor(s) and adult(s)," as the criminal complaint read. The charges had stemmed from an incident at a Rapid City Rush semi-pro hockey game in the Rushmore Plaza Civic Center in January of 2015. At the game 57 children from the American Horse School were in attendance as part of an incentive program rewarding the students for exceptional academic performance. At the game the students were sitting the lower bowl of the hockey arena directly below a luxury suite that held O’Connell and 20 others from Phillip, South Dakota. Late in the hockey game, witnesses for the prosecution -- a group that included some of the children -- testified that they had heard racially charged comments coming from the suite after beer had reigned down upon them after a late goal by the home team. O’Connell and others in the suite made statements to law enforcement officials that the beer had not been spilled on the children purposely and that the spilling occurred after O’Connell “made a roping motion” with his beer to celebrate the late goal. Statements from those in the suite however did include recollections of some in the suite who expressed dissatisfaction that several of the children had not paid significant attention to a pre-game breast cancer awareness ceremony and that not all of the children had stood for the national anthem. The incident drew national attention on to a city that has had a century old legacy of sour race relations between Native people and non-Natives living in the area. Early in the proceedings advocates for the 57 Lakota children present at the game had called for more serious charges including assault be pressed against O’Connell but were disappointed to find that a simple misdemeanor would be the only charged filed by the city. In preliminary hearings leading up to the trial of O’Connell, Judge Strawn took the possibility of jail time off the table and repeatedly allowed the accused to be represented in court by his lawyer. Reactions to the ruling have been mixed. Karin Eagle, who is an independent journalist and one of the many advocates for the children, said that the ruling by the judge was expected. “The announcement being made today proclaiming Trace OConnell comes as no surprise. Considering the ridiculous job RC City Attorney Joel Landeen did in presenting his prosecution last month there has never been the expectation of justice in the resolution of this case. All that has been accomplished through all of this is a paper trail that supports our assessment that actual justice is a rare commodity for Native American people in Rapid City. The only thing that has us stunned is that now our children are included in this uneasy feeling that has existed for generations,” said Eagle. In a release from the City Landeen said he was “disappointed” with the ruling. "Obviously, we are disappointed in the decision. We felt all along the City had a strong case with enough evidence to move forward for conviction. The disorderly conduct charge was the strongest charge the City could bring. We worked with the facts we had and it was a challenging case to administer, with a variety of recollections and perceptions to share from numerous witnesses,” said Landeen.
Angry parents marched to Rapid City Hall as the trial began and met with Mayor Steve Allender. Photo from The Lakota 57 / Facebook
Comments from newly elected Rapid City Mayor and the city’s former Chief of Police bothered some Native people who expected the city to secure a conviction on the charge that had an extremely low burden of proof to prove. "Although the friends, families and the students of the American Horse School will be disappointed, now is the time for calm. The judge made his decision based on the law and the evidence presented at a criminal trial. The next decision is in the hands of the supporters of the students. I would hope cool heads will prevail. I believe the children deserve a positive legacy regarding this incident. Let us use what we've learned from this incident to move forward, together, as we address race relations,” said Mayor Allender. Allender had himself been accused of racism by a former subordinate in the the law enforcement field. Blue Dawn Little, a resident of the Pine Ridge Indian Reservation and member of the prestigious Bush Foundation’s Native Nation Rebuilder Program, found the comments from Allender to be offensive in light of the city’s legacy and the ruling in the case. “Maybe that should be the question someone asks him. Did we learn that not only are we treated unfairly as adults, but now we have to look over our shoulder in public places to make sure no one is harassing our children for simply having darker skin? Did we learn that, even in a modern society where clearly there has been evolution in thinking, we can still count on the one system meant to protect us to continue to make efforts in devaluing us,” said Little. Meanwhile others in the city including Robert Rendon, a member of the Oglala Sioux Tribe who lives in Rapid City, said that there were lessons to be learned from the incident and the aftermath of it. “I think there was a lot learned. I know throughout this process those involved in the process were shown there were many non-natives that supported Native people throughout the process. There have been programs started for not just the youth but adults to educate each other on cultural diversity. These things have never happened before (business people touring and setting foot on reservation ground). Are they small steps? Yes, but they are steps. Steps in the right direction,” said Rendon. The ruling from Magistrate Judge Eric Strawn is final and cannot be appealed. (Contact Brandon Ecoffey at editor@lakotacountrytimes.com) Find the award-winning Lakota Country Times on the Internet, Facebook and Twitter.
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