Suspect waives preliminary hearing in Marty shootingA 23-year-old man suspected of fatally shooting his uncle on the Yankton Indian Reservation in southeastern South Dakota waived a preliminary hearing on Wednesday.
By: Dirk Lammers, The Associated Press
SIOUX FALLS, S.D. (AP) — A 23-year-old man suspected of fatally shooting his uncle on the Yankton Sioux Indian Reservation in southeastern South Dakota waived a preliminary hearing on Wednesday.
Dancing Bull Fischer, a Yankton Sioux Tribe member, made his first appearance in federal court Wednesday in Sioux Falls. He's being held on a second-degree murder charge in the Tuesday morning shooting of Tony Fischer Sr., 47, inside a trailer home in Charles Mix County near Marty.
A second man shot, Dominic Fischer, was in critical condition Wednesday at a Sioux Falls hospital, according to a hospital spokeswoman.
Magistrate Judge John Simko ordered that Dancing Bull Fischer be detained on the charge, based in part on more than a dozen driver's license violations and an active warrant for failure to appear. Simko said the court normally doesn't consider traffic violations in such a decision but the pattern shows a failure to comply.
Tim Langley, Dancing Bull Fischer's court-appointed attorney, asked to waive the preliminary hearing but did not argue against the detention.
According to the arrest affidavit in the case, a witness told agents that Dancing Bull Fischer and the other men had been drinking together in the living area of the trailer home. He said he was in a back bedroom with his girlfriend when he heard Dancing Bull Fischer yelling through the bedroom door that someone was “messing with Dad.”
The witness said he heard four or five gunshots as he went toward the living room and saw Dancing Bull Fischer holding an assault rifle pointed downward, according to the affidavit. The witness told agents he took the rifle from Dancing Bull Fischer, who then left the residence.
Dancing Bull Fischer's father, Frank Fischer, said the family is still trying to figure out what led to the shootings.
“This should have never happened,” he said after the hearing. “Dancing Bull's a good man.”
Agents said Tony Fischer Sr. had apparently been shot in the head and died at the scene.