Fort Pierre Man Found Guilty of Three of Four Charges by Jury Today

Derek Boe Leaving Courthouse December 14, 2012 (KGFX Photo)



PIERRE, S.D. – (DRG News) A Fort Pierre man was found guilty of three of four charges by a jury this afternoon.  33-year-old Derek Boe was charged earlier this year with Attempted First Degree Murder, weapons charges that include Discharge of a Firearm at an Occupied Vehicle and Possession of a Firearm by a Prohibited Person, along with alternate counts of Aggravated Assault Domestic Violence.  He pleaded not guilty in February.  The charges were leveled after Boe’s on-again, off-again girlfriend said the passenger window of her vehicle was shot out while the auto was stuck in a ditch in rural Hughes County on January 21.   She was in the vehicle at the time and was injured by flying glass and debris.

The jury of six women and six men found Boe not guilty of Attempted Murder, but guilty verdicts were leveled for Aggravated Assault, Discharging of a Firearm at an Occupied Vehicle and Possession of a Firearm by a Prohibited Person.   They deliberated for about 5 ½ hours.

Judge John Brown thanked the jury for taking part in the trial, saying that it is an important service to the community and the country.  Once the verdict was announced, Brown removed a restriction which kept the jury from talking about the case with others, however he cautioned them to be careful about discussing what went on in the jury room and released them from their duty.

Before Boe was escorted from the courtroom, he entered a guilty plea to being a Habitual Offender for a 2002 Aggravated Assault conviction.  That plea elevated his maximum sentence on the other three charges to 25 years, a $50,000 fine or both for Aggravated Assault and Discharging the Firearm at an Occupied Vehicle and to five years, a $10,000 fine or both for Possession of a Firearm by a Prohibited Person.  In all, Boe could receive 55 years for those three charges.

In a separate file, Boe pleaded not guilty earlier to a charge of Possession of a Controlled Substance-Methamphetamine which was leveled while Boe was out on bond for the charges from January.  That case will be addressed during a court hearing next week.

After court today, Boe’s lawyer, Brad Schreiber said he was glad jurors did not convict his client of Attempted First Degree Murder.

Hughes County States Attorney Kelly Marnette said she was happy with the juror’s decision today.

Marnette said her case was helped by Boe, himself-as he took the stand Thursday and answered questions.  She says members of the jury were able to judge Boe based on the comments he made in court.

Boe will next appear in court on Wednesday, December 19.  That hearing is set for 3:00 p.m.

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