A Rapid City man convicted of first-degree manslaughter, has received a 30-year prison sentence.
Derrek Brave Heart’s case raised questions of self-defense and how criminal charges are filed.
Three decades was the ultimate judgement for Derrek Brave Heart, who claimed self-defense after being struck multiple times in his vehicle by Jonathan Odom. Brave Heart fatally shot Odom during the altercation.
Brave Heart’s pregnant girlfriend was in the car with him and captured video of the February 2024 incident.
While defense attorneys say Brave Heart acted within his legal rights with a legal firearm in a stand-your-ground state, prosecution contend this is not a case of self-defense.
According to eyewitnesses, Odom was intoxicated, threw bottles at the building, and was the instigator in the altercation. He approached Brave Heart’s car, reached in through the window, and struck him.
That is a felony offense, and legal scholars agree there is a presumption intent to commit an unlawful act of force or violence if an assailant is reaching into your car and assaulting you.
SDPB has reviewed video of the shooting. While the Pennington County States Attorney’s Office claims in their release Odom was shot while retreating, that is unclear in the video.
In the video, there is a moment where Odom says, “shoot me then” with his arms out after hitting Brave Heart for the final time. Brave Heart opened fire about three seconds later.
During sentencing, Chief Deputy State’s Attorney Gina Nelson stated:
“Let me be clear one more time: This was not self-defense. This was a killing born of ego and anger. And because of that choice, Jonathan Odom is dead,” Nelson said. "This is not a man who made a mistake in the heat of a terrifying moment. This is a man who escalated, provoked, and executed—and then celebrated it.”
Prosecutors focused on the response of Brave Heart following the shooting. Sandy Mckeown is a criminal law professor at USD who said there are other considerations.
“There is no evidentiary requirement you come forward with a particular response," Mckeown said. "There is such thing as imperfect self-defense, and imperfect self-defense is this idea that, you maybe subjectively thought you were at risk of imminent death or bodily harm, but you were wrong in that.”
Defense attorneys for Brave Heart say they’re preparing for the appeals process.
