SOUTH DAKOTA – In a split decision today, May 15, the United States Eighth Circuit Court of Appeals has upheld prison sentences imposed by U.S. District Judge Roberto A. Lange in a case prosecuted under the Major Crimes Act, 18 U.S.C. § 1153, applicable for offenses committed in Indian Country. 

Theodora and Bailey Belt, mother and son, were convicted, by federal jury on June 28, 2024, of assaults and a murder of victims on Cheyenne River Reservation. The trial court sentenced mother to 20 years and son to 27 years, each followed by 3 years supervised release. Defendants had been engaged in a fight involving two brothers, beating them with a shovel and then running one brother (Elijah Morrison) with a motor vehicle, causing his death. The incident occurred in Bridger, SD, in Western South Dakota, on May 27, 2023.  The jury convictions were handed down on June 28, 2024, following a four day trial in Pierre.  The U.S. District Judge, Hon. Roberto A. Lange, sentenced the Defendants on November 1, 2024, as follows:  Mother Theodora (age 48) to 22 years for murder and 10 years on assault charges to run concurrently; Son Bailey (age 23) to 27 years for murder and 10 years on assault charges, to run concurrently.  

On appeal, Defendants argued the trial court erred in admitting home surveillance video into evidence. The Defendant Son also argued error in the utilization of the “vulnerable victim” enhancement (as per federal guidelines) so as to result in an upward deviation for the murder sentence which was imposed. The trial court had determined that the Defendants’ beating with the shovel rendered victim Elijah Morrison semi conscious or unconscious, hence vulnerable, at the time he was run over with mother’s motor vehicle by the Defendant Son.

This appeal was assigned to a three judge panel and resulted in a 2-1 decision. The majority opinion is authored by Hon. L. Steven Grasz and agreed to by Hon. Lavenski R. Smith.  Hon. Jane Kelly filed a dissenting opinion in which she stated that the surveillance video, was not a law enforcement video but a home surveillance camera with “significant gaps, ranging from 18 seconds to more than 20 minutes in length.” Those gaps, which were never explained, could have been manipulated by a user “to modify the recording, or even delete some or all of the video footage recorded—either intentionally or inadvertently.” Dissenting Judge Kelly would reverse the convictions and remand for a new trial.  

A copy of today’s 8^th Circuit Decision may be obtained by sending an e-mail request to rogermbaron@gmail.com .