Fort Pierre Man Sentenced for Assault, Weapons and Attempted Possession of a Controlled Substance Charges

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


PIERRE, S.D. – (DRG News) A Fort Pierre man was sentenced to spend 25 years in prison after being found guilty by a jury of assault and weapons charges in December–and for his guilty plea to a separate charge of Attempted Possession of a Controlled Substance.  33-year-old Derek Boe appeared in a Pierre courtroom to hear his punishment for the crimes today.  Boe was found guilty at trial of Aggravated Assault Domestic Violence; Discharge of a Firearm at an Occupied Vehicle and Possession of a Firearm by a Prohibited Person for an incident that occurred in January 2012 when a shotgun discharged at close range into a vehicle occupied by a woman who had been Boe’s girlfriend.  She received cuts from glass and flying debris.  While Boe was out on bond for the charges linked to that case he tested positive last August for drugs and pleaded guilty last month to a separate charge of Attempted Possession of a Controlled Substance.

In court this morning, Judge John Brown heard statements on Boe’s behalf from a woman who has four children with Boe; and from his 15-year-old daughter.  Both asked the judge to give Boe a light sentence.

Boe’s lawyer said several facts linked to the incident in January of 2012 don’t warrant a severe sentence.  He said Boe had no intention of harming the woman and instead, after the gun discharged into the vehicle, he checked on her, and later assisted her when the woman called Boe for help cleaning up.  The woman also spoke, telling Judge Brown that prior to the 2012 incident, she had never seen a violent bone in Boe’s body.  She said the two had known each other about five to six years.

Brown gave Boe 20 years for the charge of Aggravated Assault, 20 years for Discharge of a Firearm in a Vehicle and five years for Possession of a Firearm by a Prohibited Person.  Those sentences are to be served at the same time.  A separate five year sentence was also pronounced for Attempted Possession of a Controlled Substance and it is to run consecutive to the punishment for the other three charges.

Former Hughes County States Attorney, now Assistant Attorney General Kelly Marnette represented the prosecution in this morning’s sentencing and said she was satisfied with the sentence that was pronounced in the Boe case.   She says costs owed by Boe for restitution, attorney fees and other fees add up to about $20,000.

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