Mistrial declared for Rapid City murder suspect

RAPID CITY, S.D. — The trial for a man accused of second-degree murder in the August 2020 stabbing death of 33-year-old Lance Baumgarten has ended early after the Pennington County judge granted a mistrial.

Barry Allman SizedJudge Matthew Brown granted the defense’s motion for a mistrial on the second day of would have been a 10-day trial for 31-year-old Barry Allman of Box Elder. Allman is accused of fatally stabbing Baumgarten at an apartment on North 7th Street in Rapid City in the early morning hours of August 6, 2020.

Allman’s attorney, John Murphy, says the State failed to notify him that they had offered immunity to four material witnesses. Murphy says it was after 1 p.m. on the second day of trial proceedings that he learned of the deal. Pennington County Deputy State’s Attorney Roxanne Hammond, the lead prosecutor, was the one who offered immunity to Thalia Rice, Tyra Afraid of Lightning, Tiana Black Elk, and Peyton Chandler.

He says the failure to disclose this information is a violation of both the U.S. and South Dakota Constitution, as well as the Supreme Court’s ruling in Brady v. Maryland, which says prosecutors must disclose evidence to the defense when they obtain of information favorable to the defense.

Rice, then 41, was arrested along with Allman in August 2020 and was placed under arrest for accessory to first-degree murder, after she allegedly drove away from the scene of the crime. Her case was dismissed in March 2021.

Email records show that a legal assistant at the Pennington County State’s Attorney’s Office sent copies of the immunity to Murphy around 7:35 a.m. Tuesday.

Murphy says it’s “unclear” at this point what a mistrial means for Barry Allman, and that there is “more work to do to see if the State will be allowed to proceed ahead with trying him again.” Second-degree murder carries a maximum punishment of life in prison without parole.

Categories: Crime, Local News