Prosecutors seek retrial in case of Rapid City woman accused of killing nephew
RAPID CITY, S.D. — Prosecutors say they will seek a retrial in the case of a Rapid City woman accused of murdering her nephew. The move comes after a jury failed to reach a verdict on whether Lorraine Swallow acted in self-defense when she stabbed her nephew, Tyrell Bull Bear.
Swallow, 33, is charged with second-degree murder in the December death of 28-year-old Bull Bear. She claims she was acting in self-defense when she stabbed Bull Bear multiple times after he allegedly tried to fight her.
On the morning the incident happened, a police release indicates that Swallow answered the door to let an officer arriving on the scene in and immediately said, “I’m sorry, self-defense.”
The officer discovered Bull Bear on the floor and began performing CPR. Other officers and medical personnel arrived to help with life-saving measures, but Bull Bear was pronounced dead at the scene.
The jury deliberated for ten hours before deciding it could not reach a unanimous verdict.
State’s attorney Mark Vargo says he plans to have a retrial for Swallow.
Swallow’s attorney urged Judge Matt Brown to acquit her after the hung jury, arguing there was no evidence that she acted with a “depraved mind.”
Brown denied the request, citing that it should be a jury that decides Swallow’s fate.