3rd defendant in ‘75 Pine Ridge murder wants delay

By Carson Walker
Sioux Falls, South Dakota (AP) 9-08

A man indicted in connection with the 1975 slaying of Annie Mae Aquash on the Pine Ridge Reservation has asked for at least a four-month delay in the trial.

Richard Marshall, 57, of Rapid City, pleaded not guilty to aiding and abetting first-degree murder.

His lawyer, Dana Hanna, filed the request Sept. 8, saying evidence in the case involves roughly 6,000 pages of documents and that he needs more time to prepare.

Marshall and Aquash, a Canadian, were members of the American Indian Movement, as were two other men charged.

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

Prosecution witnesses have testified that Aquash was killed because AIM leaders thought she was a government spy. AIM leaders have denied any involvement in her death.


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 former wife, 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 Marshall kept a gun back there, Gates said he did not.

Witnesses said Aquash eventually was taken to the Badlands around Dec. 12, 1975, and that Graham shot her as she begged for her life. A rancher found her body Feb. 24, 1976, north of Wanblee.

Graham has acknowledged being in the car from Denver but denies killing Aquash.

At the time, Marshall had already been charged with an unrelated murder.

He and Russell Means, another AIM leader who went on to become an actor and activist, were charged with the March 1975 shooting death of Martin Montileaux of Kyle, who died days after being shot in the neck in the restroom of the Longbranch Saloon in Scenic.

Means, who is running for president of the Oglala Sioux Tribe, was acquitted. Marshall, who was 24 at the time, was convicted in 1976 and sentenced to life in the South Dakota State Penitentiary.

AIM members alleged Marshall was framed for the murder, but an FBI report quoted Montileaux, 28, as alleging that “Russell Means’ friend” shot him before he died.

Marshall confessed in 1983, saying he was remorseful and shot Montileaux in what he thought was self-defense. 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 and earlier this year his girlfriend obtained a protection order against him, a federal prosecutor said at a hearing.