Law | National

Native Sun News: Oglala Sioux family confronts man blamed for loved one's death

Monday, May 2, 2016

Jessie Waters’ family holds signs in honor of their loved one outside the federal courthouse in Rapid City, South Dakota. Photo by Richie Richards

Duane Benson sentenced to 57 months for arson
By Richie Richards
Native Sun News Staff Writer
www.nsweekly.com

RAPID CITY –– Duane Benson was sentenced in federal court to 57 months in prison for arson on April 15. He pled guilty for the burning down of Jessie Waters’ mobile home in Oglala on the Pine Ridge Indian Reservation on December 12, 2014.

The 57 months was the maximum allowed under federal sentencing guidelines established in the 1987 Guidelines Manual which became effective November 1, 1987.

This case was separate from the investigation into the death of Jessie Waters who was found dead on April 30, 2015 outside of Oglala on a fire road. Duane Benson is suspected by Water’s family for her murder because of the documented abuse she suffered by Benson in their year-long relationship.

During this sentencing phase of a plea deal between the United States and Benson, the now-convicted former domestic partner of Waters, declined to speak at the hearing nor apologize to the dozen family members present, which included her father, Raymond Waters Sr. and Anthony and Elizabeth Waters as well as Jessie’s siblings and their children.

Chief District Judge Jeffrey Viken asked if Jessie’s family would like to speak after acknowledging the victims impact statement/letters submitted by family members before the hearing.

Raymond “Fish” Waters Sr. approached the federal courtroom podium with the languid gate of a father mourning the death of his daughter. After discussing his loss and the effects on Jessie’s sons, Chevy and Phillip, told Judge Viken, “I recommend the max.”

Following her father’s statement, her uncle Anthony Waters (formal tribal law enforcement officer) said, “This is a very sad, tragic case. What happened to the boys is really hard. He (Benson) has no regards for life. I hope you don’t go too lenient on him.”

Anthony Waters walked away from the podium glaring at the defendant who sat looking down at the table with legs shaking. This was a moment which Jessie’s uncle had been waiting for, for the past 12 months.