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Plea agreement reached in case of Marty shooting

MARTY -- A 24-year-old man plans to admit to fatally shooting his uncle and wounding another relative.

According to a plea agreement filed Thursday in U.S. District Court, Dancing Bull Fischer has agreed to plead guilty to second-degree murder and assault with the intent to commit murder in connection with a Nov. 27 shooting at a trailer home near Marty on Yankton Sioux tribal land.

The charges stem from an incident that happened around 1 a.m. Nov. 27, when Fischer allegedly shot and killed his uncle, Tony Fischer Sr., and wounded Dominic Fischer at a trailer home near Marty.

An affidavit by Federal Bureau of Investigation Special Agent Michael Melcher alleges Fischer used an assault rifle in the shooting.

In exchange for Fischer's guilty plea, prosecutors will dismiss other charges, according to the plea agreement.

At sentencing, both sides will be free to recommend whatever sentence they feel is appropriate, the plea agreement says.

Prosecutors have agreed to recommend the sentences on the two charges be served concurrently, or at the same time.

Second-degree murder has a maximum penalty of life in prison and a $250,000 fine. Assault with the intent to commit murder has a maximum penalty of 20 years in prison and a $250,000 fine.

A change of plea hearing is scheduled for later this month.

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