Was murder suspect's arrest on Pine Ridge Reservation legal?

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The latest on the prosecution of Maricelo Garcia, accused of fatally shooting Clinton Farlee at a Rapid City home on Oct. 4. CRIME DETAILS

Feb. 14, 2018

The defense of Maricelo Garcia is arguing that Garcia's arrest was conducted illegally.

Garcia was arrested in October 2017 in connection with the fatal shooting of Clinton Farlee. He's charged with first-degree murder.

According to prosecutors, Garcia and Cierra Walks - a woman accused of being an accessory - were captured on the Pine Ridge Reservation by federal and tribal agencies, along with the Black Hills Fugitive Task Force. The task force is primarily made up of members of the U.S. Marshals Service and the Pennington County Sheriff's Office.

Garcia's attorney argues that there were no tribal authorities present at the time of the arrest, which brings up jurisdiction issues. Currently, federal law enforcement do not have the authority to apprehend a criminal suspect who flees to a South Dakota Indian reservation after allegedly committing a crime in the state. U.S. Rep. Kristi Noem wants to change that. DETAILS

The defense wants evidence from the state of who actually made the arrest.

If the judge agrees that the arrest was conducted illegally, any evidence and testimony collected since then would violate Garcia's Fourth Amendment rights, which protect citizens from unreasonable searches and seizures.

No ruling was made Wednesday. A status hearing will be held on March 14.


Nov. 2, 2017

Maricelo Garcia, 21 is accused of first-degree murder in the Oct. 4 shooting of Clinton Farlee, 20 in Rapid City. He appeared at the Pennington County Courthouse for an arraignment hearing Thursday.

Garcia pleaded not guilty to the crime, which carries a maximum penalty of death.

Garcia and Cierra Walks, 19, were wanted for the homicide before being captured in Porcupine on Oct. 6. Walks is accused of being an accessory to the crime of first-degree murder.

Garcia will appear in court again on Nov. 30 for a non-evidentiary motions hearing.

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