Man accused of harassing American Indian students cleared

By KEVIN BURBACH

Associated Press

RAPID CITY, S.D. (AP) - A South Dakota man accused of using racial slurs and spilling beer on American Indian students during a hockey game was cleared of a disorderly conduct charge Tuesday, more than a month after a trial in the controversial case attracted more than 200 people.

Trace O’Connell was charged after authorities alleged he sprayed beer and used racially charged language near a large group of Native American students during a minor league hockey game in Rapid City. Native American groups said the January incident highlighted racial issues in the city and criticized the charge as too lenient.

Magistrate Judge Eric Strawn released a ruling Tuesday siding with O’Connell, finding that the 41-year-old man from Philip unintentionally spilled beer on the students while celebrating an ``important score’’ at a Rapid City Rush game.

The judge also said the city didn’t prove O’Connell said any racially charged words near the students. Other than one woman whose testimony was “unreliable,” the judge wrote, no one testified that they heard or saw O’Connell say something racially charged.

“Obviously, we are disappointed in the decision,” City Attorney Joel Landeen said in a statement Tuesday. “We felt all along the city had a strong case with enough evidence to move forward for conviction. The disorderly conduct charge was the strongest charge the city could bring.”

O’Connell was among about 15 people in a suite that was directly above the area where about 50 students and seven chaperons from American Horse School were sitting. The school is in Allen, on the Pine Ridge Indian Reservation.

Strawn in July oversaw O’Connell’s two-day trial, which was moved to a high school auditorium and drew as many as 250 spectators. The judge had already ruled out the possibility of jail time, meaning the case would not go to a jury. Had he been convicted, O’Connell would have faced a maximum punishment of a $500 fine.

Landeen told the court in July that O’Connell sprayed beer and it wasn’t an accident. At best, the prosecutor said, it was reckless.

Michael Butler, O’Connell’s attorney, argued in court in July that the city was trying to hold his client accountable for the actions of the entire group he was with at the game. He said there was no evidence that showed O’Connell spoke to a single child in the group.

On Tuesday, Butler did not immediately respond to a request for comment on the verdict. Message left with O’Connell and school officials also weren’t immediately returned

Last modified onWednesday, 02 September 2015 14:44

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