Jury Gets Case in Hughes County Attempted Murder Trial

Jury Room Sign from Hughes County Courthouse (KGFX Photo)



PIERRE, S.D. – (DRG News) A jury has been deliberating at the Hughes County Courthouse since late this morning, as the group decides the fate of a Fort Pierre man facing Attempted Murder and other charges.  33-year-old Derek Boe was arrested earlier this year following an incident in rural Hughes County in which a woman was injured when the passenger window of the vehicle she was in was shot out.  She was hit by glass and flying debris.  Boe’s defense lawyer has said the shooting was simply the malfunction of the weapon when Boe used it to hit the window of the vehicle.  Hughes County States Attorney Kelly Marnette told jurors that Boe was angry at the woman and that the incident was not an accident, but that Boe intentionally shot the gun to kill the woman.

In closing arguments this morning, Hughes County States Attorney Kelly Marnette said that Boe was mad that night and he wanted to retaliate.  In recalling events that lead up to the gunshot near a rural Hughes County home, Marnette said that Boe had instigated the trouble by confronting the woman-Boe’s on-again, off-again girlfriend.  The woman; identified in court as Tabetha Hashman-also known as Tabetha Key-had been cleaning her vehicle in a shop at the rural residence.   Marnette said Hashman had been expecting to spend some time with Boe that evening, January 21, when instead he changed plans and chose to spend time with friends.  After one of Boe’s friends was not successful in getting Hashman to leave, Marnette said Boe confronted her.  Hashman reportedly used her vehicle to strike Boe’s more than once after she was told to go.  The final collision between the SUV’s sent Hashman’s auto into a nearby road ditch.  That’s when Marnette said Boe pulled a gun out of his vehicle and pulled the trigger, which shattered the passenger side window and resulted in injuries to Hashman.   Marnette told jurors that Boe had lied more than once since January-in an initial interview by law enforcement and during his testimony to jurors yesterday.  She also said although Boe had pulled Hashman’s vehicle from the ditch and later picked her up at a Pierre convenience store to offer first aid-that did not change his intent when he committed the crime.  She said that Boe’s steps after the incident were meant to make Hashman happy so she wouldn’t report it to law enforcers.  Marnette asked jurors to consider the evidence and return a verdict of guilty on all four counts.

Boe’s lawyer, Brad Schreiber said if his client had wanted the woman dead, he had the weapon and the shells with him and he could have killed her.  He told jurors that Boe’s story makes sense and that he had used the gun to tap on the window and the shotgun went off.  Schreiber refuted testimony by a weapons expert, who on Wednesday said that there was no way a firearm like the shotgun used that night would discharge unless the trigger was pulled.  Schreiber said firearms go off-sometimes malfunctioning and sometimes by human error when guns are mishandled.   He said there is no credible evidence that Boe intended to kill or injure Hashman.  Schreiber said Hashman’s weapon of choice, her vehicle, weighed 4,000 lbs. and said it was an injustice that Boe-who was trying to prevent her from ramming his vehicle, had been charged with Attempted Murder and assault.  He said the couple’s conduct after the gunshot in which Boe checked Hashman for injuries, pulled her vehicle from the ditch and later picked her up and took her to his home to offer First Aid is not consistent with an Aggravated Assault or Attempted Murder case.

Closing arguments took just under an hour.  After an alternate juror was dismissed by Judge John Brown, the six men and six women entered the jury room at the Hughes County Courthouse this morning at 10:07 a.m.  Boe was taken back to the Hughes County Jail to await word that the jury had reached a verdict.

Boe pleaded not guilty in February to Attempted Murder, 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.

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