Roetzel passes infant death case to Brookings County State’s Attorney

Pennington County State's Attorney Lara Roetzel will not be prosecuting on behalf of South Dakota in a highly anticipated infant death trial.

Last fall, the Native community criticized Roetzel for her handling of several cases of Missing and Murdered Indigenous People in Pennington County. Community members staged a sit-in in Roetzel's office and requested she resign.

The family of seven-week-old Aiko White Eagle was one of the participating families, leading Roetzel to pull away from the case.

"A previous conflict between our office and the victim's family could have been a distraction, impacting the case. I am simply not willing to take any chances when it comes to securing justice for this baby girl," Roetzel said.

The state's case will instead be prosecuted by Daniel "Dan" Nelson, Brookings County State's Attorney.

Nelson said Roetzel asked him to prosecute.

"Her office had prior dealings with the family and Roetzel just wanted to make sure that the victim's family felt comfortable with the prosecutor," Nelson said in an interview with ICT and the Journal.

The situation stems from the Nov. 2022 death of a seven-week-old, Aiko White Eagle, who died six days after being babysat by her maternal aunt, Courtney Martinez, and her aunt's boyfriend, Shamar Bennett, at their Rapid City residence.

On Aug. 13, the two were charged with second-degree murder and abuse or cruelty of a minor less than seven years of age.

Bennett and Martinez appeared via video Monday from the Pennington County Jail for their arraignment hearing in front of Judge Eric Kelderman. However, the hearing was soon canceled as both Bennett and Martinez filed an affidavit for a change of judge last Thursday.

In the state of South Dakota, second-degree murder is a class B felony with a mandatory sentence of life in prison. Abuse or cruelty of a minor less than seven years of age is a class three felony with a maximum penalty of 15 years in prison and a $30,000 fine.

Despite prosecuting in previous cases, Roetzel said she would refer the prosecution to another office to respect White Eagle's family and to ensure they receive "a fair outcome."

Though Roetzel will be stepping aside, she said her office will remain involved by supporting White Eagle's family through the Victim Assistance Program.

When asked about the State's Attorney's Office's stance in protecting and serving Indigenous people, Roetzel said, "In my career, I have successfully prosecuted thousands of individuals who have victimized Native people, and I will continue to fight for all victims, regardless of race. It is my life's work to seek justice for victims of crime, and I will not waver in that mission."

Nelson has experience prosecuting crimes related to Missing and Murdered Indigenous People. As a former Assistant United States Attorney in Pierre, Nelson said he often worked with the Rosebud Sioux Tribe prosecuting violent crime.

"This case is obviously unique because the victim is a small child," he said. "There's extra diligence that goes into a case like this. Based on the investigation that I reviewed, I determined that it's worth prosecuting. With this case, I'm drawing on experience that I had both at the U.S. Attorney's Office and my prior homicide prosecutions to make sure that we find justice for the small child that died in this case."

Nelson said he has met with the White Eagle family to ensure their comfort.

This is not the first time one of the individuals charged, Shamar Bennett, has been involved in a high-profile case.

In 2023, Bennett testified against Arnson Absolu, who was then accused of killing three individuals in Rapid City.

In August 2020, Bennett helped Arnson Absolu dispose of a body in a shallow grave near Sheridan Lake in the Black Hills of South Dakota. On Jan. 26, 2023, Absolu was found guilty of three counts of first-degree murder, based in part on Bennett's testimony. In exchange, Bennett served no jail time for his role.

The next arraignment hearing for Bennett and Martinez won't be determined until another judge is appointed.

This story is co-published by the Rapid City Journal and ICT, a news partnership that covers Indigenous communities in the South Dakota area.

Amelia Schafer is the Indigenous Affairs reporter for ICT and the Rapid City Journal. She is of Wampanoag and Montauk-Brothertown Indian Nation descent. She is based in Rapid City. You can contact her at .

Indigenous Affairs Reporter

Madison Willis Public Safety/Courts Reporter