U.S. appeals sentence of Wounded Knee man convicted in son’s starving death

The fight for justice may not be over just yet for the two-month-old infant who starved to death while in the care of his father on the Pine Ridge Indian Reservation.

Darwin Wade Red Cloud was sentenced to four-years in federal custody after pleading guilty to second-degree murder last month in federal court in Rapid City.

An appeal filed in January by the U.S. Attorney’s Office is questioning the sentence handed down by U.S. District Court Chief Judge Jeffrey Viken in Red Cloud’s case.

The charge of second-degree murder against Red Cloud could have carried a maximum penalty of life in prison. Guidelines suggest a sentence for Red Cloud between 17.5 to 21.8 years would have been standard and the sentence of only 4-years is well below sentencing guidelines.

Both sides will be required to submit briefs to the Eighth Circuit Court of Appeals in St. Louis, arguing against or in favor of Viken’s sentence.

Court filings show that Red Cloud will have new representation moving forward.

Categories: Crime, Local News, South Dakota News