Sep 04, 2008 - 04:06:44 CDT
In front of a crowded courtroom, two people charged in connection with the death of Alden Fast Horse pleaded guilty to felony charges Wednesday morning, while a third pleaded not guilty.Fast Horse, 30, of Cannon Ball, was found dead of multiple stab wounds in a hotel room at the Ramkota Hotel at 12:03 p.m. June 5.
Wednesday morning, three people charged in connection with his death appeared in court. Sheldon McHugh and Elena Vassar pleaded guilty to felony charges, while Leland Bad Brave pleaded not guilty at the Burleigh County Courthouse. The small courtroom was nearly packed with family and friends of Fast Horse and the defendants.
McHugh, 19, pleaded guilty to charges of Class AA felony murder, Class Afelony conspiracy to commit robbery and Class Bfelony burglary.
The pleas were entered to South Central District Judge Bruce Haskell as part of a binding plea agreement between prosecutors and McHugh's appointed defense attorney, Kent Morrow. The plea agreement calls for McHugh to be sentenced to life in prison with the possibility of parole for murder, and concurrent sentences of 20 years and 10 years, respectively, for the robbery and burglary charges.
Haskell ordered a presentence investigation. He could reject the plea agreement or accept it. If he accepts it, McHugh will have to spend 30 years in prison before being eligible for parole. If the judge rejects the agreement, McHugh can withdraw his guilty plea and go to trial or maintain his guilty plea and accept whatever sentence Haskell gives.
McHugh faces a mandatory minimum sentence of four years in prison for the robbery charge because of allegations of a weapon being used in the commission of the crime.
McHugh already is in prison for a previous, unrelated aggravated assault conviction. His probation was revoked on that charge after he was arrested in Fast Horse's murder.
Vassar, 22, pleaded guilty to Class Cfelony robbery. The charge originally was Class Afelony conspiracy to commit robbery but was reduced at the request of Burleigh County Assistant State's Attorney Cynthia Feland.
Vassar appeared confused when deciding to waive her right to a preliminary hearing, in which prosecutors would have had to present evidence to prove there was probable cause for the charge. After conferring with her appointed defense attorney, Tom Glass, she waived the hearing, then entered the guilty plea.
Feland said prosecutors would not have been able to prove Vassar knew a weapon was being used in the robbery. She said prosecutors learned in interviews with McHugh and Vassar following their arrests that Vassar likely did not know about the weapon.
Vassar's plea was not part of a plea agreement. She could be sentenced to up to five years in prison, but there is not a minimum mandatory sentence involved.
Bad Brave, 21, pleaded not guilty to Class AAmurder, Class A felony conspiracy to commit robbery and Class B felony burglary. He will appear in court again on Oct. 13.
Bad Brave quickly entered the not guilty plea to the murder charge, but had to consult with appointed defense attorney Susan Schmidt before pleading not guilty to the other two charges.
If convicted, he faces up to life in prison without parole for the murder charge, up to 20 years in prison for robbery and up to 10 years in prison for burglary. The robbery charge carries a minimum mandatory sentence of four years in prison due to allegations of a weapon being used.
A fourth person already pleaded not guilty and was sentenced in connection with Fast Horse's death. James Wisbey, 22, pleaded guilty to Class A misdemeanor theft of property on July 14. Wisbey had been charged with burglary but the charge was reduced after prosecutors learned he had a key to enter Fast Horse's hotel room.
Wisbey had gone to the room to retrieve his brother's belongings. Bad Brave and McHugh were with him and remained in the room after Wisbey walked out.
The two men came out as Wisbey went back to get them, and they were carrying bags of Fast Horse's property, Feland said at a previous hearing. She said they handed Wisbey a bag, and he carried it out, leading to the accomplice to theft charge. Some of the property was found in Wisbey's possession.
South Central District Judge Robert Wefald sentenced him to one year, with all but time served suspended, and two years of supervised probation. Wisbey's sentence includes a mandate that he cooperate with prosecutors in the cases against Bad Brave and McHugh.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)
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