PIERRE, S.D. – South Dakota’s Supreme Court has upheld an attempted first-degree murder conviction
in a case that was prosecuted by the South Dakota Attorney General’s Office in two jury trials and then
defended on appeal.
Derek At The Straight was convicted in August 2021 for shooting another man at a Pierre residence in
July, 2020. At his trial, At The Straight was found guilty of attempted first-degree murder, four counts of
aggravated assault and commission of a felony with a firearm. At a second jury trial, the defendant was
found guilty of being a habitual offender.
In his appeal, At The Straight argued that the state did not present enough physical and forensic evidence
to convict him. But the judges, in an unanimous decision released Thursday, disagreed, saying the
evidence was “substantial,” “significant,” and “compelling.”
“This case reflects well on the Attorney General’s Office as a whole,” said Attorney General Mark Vargo.
“The case that was presented was an accumulation of evidence that was carefully gathered and then
presented by the attorneys in a way that could be understood by the juries and then later upheld by the
Supreme Court.”
Besides the office lawyers who handled both the jury trial and the appeal, staff from the Division of
Criminal Investigation and the South Dakota Forensic Lab, along with local law enforcement, were
involved. Attorney General-elect Marty Jackley said the decision is another example of the work done by
those in the Attorney General’s Office and law enforcement.
“Thank you to all of the lawyers, law enforcement officers and lab technicians who again demons