A man convicted of murder is granted a new trial by the state Supreme Court. The case of Dion Bordeaux now must advance without character evidence used in the original 2023 trial.
Bordeaux was found guilty of the first-degree murder of Jeanette Jumping Eagle in 2023. Jumping Eagle was found with a single gunshot wound to the head in Rapid City on New Years Day 2020.
The jury trial returned the guilty verdict two years ago, and the first appeal was filed in July of last year. That appeal contends a prior guilty plea should not have been included in the second trial for the Jumping Eagle shooting.
In 2019, Bordeaux was found guilty of stabbing a man and ultimately plead guilty to assault in June of 2020. That was presented as character evidence by prosecution in the subsequent murder case.
Character evidence is generally not allowed in criminal trial. Instead, the onus falls upon the state to prove the crime with the facts available via direct investigation.
For Bordeaux’s defense, there was not enough connection between the prior incident and the shooting to make the connection relevant at trial.
On the other hand, the state argued to the court the two incidents are markedly similar – namely the use of intoxicants with someone Bordeaux shared a close relationship with, culminating with an act of violence.
All five state Supreme Court justices ruled the judge should not have allowed the admission of this evidence. However, they were split 3-2 on the question of a new trial, ultimately ruling in favor of retrial.