A man accused of burglarizing a hotel room prior to a homicide that occurred there has pleaded guilty to a lesser charge of accomplice to theft of property.
James Wisbey, 22, pleaded guilty to the Class Amisdemeanor Monday morning at the Burleigh County Courthouse.
South Central District Judge Bob Wefald sentenced Wisbey to one year in jail with all but time served suspended and two years of unsupervised probation. Wisbey's sentence includes a mandate that he cooperate with prosecutors in the cases against Leland Bad Brave and Sheldon McHugh, who are charged with murder in the death of Alden Fast Horse.
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. on June 5.
McHugh, 19, and Bad Brave, 21, both face charges of murder, conspiracy to commit robbery and burglary. Elena Vassar, 22, faces a charge of conspiracy to commit robbery. All three are slated to appear in court on Sept. 3.
Wisbey, who was free upon posting a $5,000 surety bond, was charged in June for "willfully entered or remained in the residence of Alden Fast Horse with intent to commit a crime of theft." The charge was a Class Bfelony.
Burleigh County Assistant State's Attorney Cynthia Feland moved to amend the charge to Class A misdemeanor accomplice to theft of property on Monday. She said Wisbey had a key to enter Fast Horse's hotel room, and he did not enter to commit a crime.
"We do not believe it was a burglary on his part," Feland said.
Wisbey and his brother, Jesse, were seen on surveillance tape with Fast Horse hours prior to his death. Wisbey told authorities they had been partying with Fast Horse on June 4, Feland said. She said they left, then Jesse Wisbey discovered he had left his wallet and keys behind. James Wisbey went back to get the items, and McHugh and Bad Brave were with him.
The three men went in the room where Fast Horse was passed out on the bed, and Wisbey retrieved his brother's property, Feland said. She said Wisbey told police he walked out of the room, then realized McHugh and Bad Brave were still inside.
The two men came out as Wisbey went back to get them, and they were carrying bags of Fast Horse's property, Feland said. 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.
Feland said Wisbey was in jail about four weeks before posting bond. She and defense attorney Wayne Goter recommended the sentence handed down by Wefald, which included payment of $350 in court fees.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
Posted in Local on Monday, July 14, 2008 7:00 pm Updated: 2:22 pm.
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