Man to stay in jail for South Dakota AIM slaying

By Carson Walker
Rapid City, South Dakota (AP) 9-08

The third man indicted in connection with the December 1975 slaying of a fellow American Indian Movement member in South Dakota will stay in jail, at least until his lawyer can review the evidence.

At a detention hearing Aug. 29, federal Magistrate Veronica Duffy ordered that Dick Marshall, 57, of Rapid City be detained.

He pleaded not guilty Aug. 26 to aiding and abetting the first-degree murder of Annie Mae Aquash on the Pine Ridge Indian Reservation.

Assistant U.S. Attorney Bob Mandel argued that Marshall should be held because of his background.

Marshall was convicted of murder for the March 1975 slaying of Martin Montileaux but later confessed. In 1984, then-Gov. Bill Janklow commuted Marshall’s life sentence to 99 years and later that year set him free.

Marshall was first paroled Dec. 27, 1984, and came back in on a parole violation Aug. 11, 1989. He was granted parole again Feb. 3, 1993, but was incarcerated again Nov. 23, 1993, because of another parole violation. Marshall was last paroled June 15, 2000.

Since then he was arrested for drunken driving a year ago, earlier this year his girlfriend obtained a protection order against him and he is unemployed, Mandel said.

Marshall’s lawyer, Dana Hanna, said he had not reviewed the evidence and wasn’t ready to argue whether Marshall should be detained so he would revisit the issue later.

When Duffy asked Marshall whether he had any questions he replied, “No I don’t.”

Prosecution witnesses have testified Aquash, 30, of Nova Scotia, was killed because AIM leaders thought she was a government spy. AIM leaders have denied any involvement in her death.

Arlo Looking Cloud of Denver was convicted in 2004 and is serving life in federal prison for his part. John Graham of British Columbia is scheduled to stand trial starting Oct. 6 in Rapid City. 


Some AIM members alleged that Marshall was framed for the murder of Montileaux, who was shot in the neck at a Scenic bar. An FBI report quoted Montileaux as alleging that “Russell Means’ friend” shot him before he died.

Charges were filed in state court against Marshall and Means, another AIM leader who went on to become an actor and activist. Marshall was convicted and Means was acquitted.

At Looking Cloud’s trial, witnesses said Looking Cloud, Graham and another AIM member, Theda Clark, drove Aquash from Denver to Rapid City and eventually to Marshall’s house at Allen.

Marshall’s wife at the time, Cleo Gates, testified that Looking Cloud, Graham and Clark stopped by with Aquash the night she was killed. Gates said Aquash stayed with her in the kitchen while the others went into a back bedroom with her husband.

When a prosecutor asked whether Dick Marshall kept a gun back there, Gates said he did not.

Witnesses said Aquash was eventually taken to the Badlands and that Graham shot her as she begged for her life.

Marshall is being held in the Pennington County jail in Rapid City, where Graham had been incarcerated until Aug. 28 when he was transferred 42 miles to the Lawrence County jail in Deadwood.

Graham’s lawyer, John Murphy, filed a motion stating that was done because prosecutors said they were concerned about having both men in the same facility. Murphy argued that it adds an hour of drive time for him and makes it more difficult to confer with Graham before the trial.

“New allegations are being made and new discovery is being produced, all of which must be reviewed personally by Mr. Graham,” Murphy wrote.

If anyone should be moved, it should be Marshall, he argued.