As six states consider ballot initiatives to enshrine Marsy's Law in their state constitutions, a South Dakota case shows how the law, which grants crime victims certain rights, can be applied.
Last week the state Attorney General's Office issued a report after a Highway Patrol trooper shot a man twice on Sept. 16, but refused to provide the trooper's name, gender, age, or years of service. A spokesperson said she could not share those details because the trooper invoked Marsy's Law, fearing for safety because the person shot was out on bond. A Marsy's Law amendment was approved by voters in 2016, Arielle Zionts reports for the Rapid City Journal.
According to the AG's report, 21-year-old Kuong Gatluak threw what looked like a flat, empty beer can at the trooper during a traffic stop in Union County, then tackled the trooper and tried to steal a gun. The trooper shot Gatluak in the left shoulder and bicep during the struggle. Galuak is charged with two counts of felony aggravated assault and is out on a $10,000 bond.
South Dakota Attorney General Marty Jackley said Marsy's Law protects victims even if formal criminal charges are not filed against the alleged perpetrator. Since Gatluak allegedly attacked the trooper, the trooper is a victim, and Marsy's Law affords the trooper the right to privacy and the right to prevent disclosing information that could be used to find or harass the trooper, he said.
In the other Dakota, "The law was invoked by most of the eight North Dakota police officers who shot someone between Dec. 8, 2016 (when the law went into effect) and July 22, 2018, according to an investigation by the Grand Forks Herald," Zoints reports. "Invoking the law withheld officers' names until investigations were complete."
Last week the state Attorney General's Office issued a report after a Highway Patrol trooper shot a man twice on Sept. 16, but refused to provide the trooper's name, gender, age, or years of service. A spokesperson said she could not share those details because the trooper invoked Marsy's Law, fearing for safety because the person shot was out on bond. A Marsy's Law amendment was approved by voters in 2016, Arielle Zionts reports for the Rapid City Journal.
According to the AG's report, 21-year-old Kuong Gatluak threw what looked like a flat, empty beer can at the trooper during a traffic stop in Union County, then tackled the trooper and tried to steal a gun. The trooper shot Gatluak in the left shoulder and bicep during the struggle. Galuak is charged with two counts of felony aggravated assault and is out on a $10,000 bond.
South Dakota Attorney General Marty Jackley said Marsy's Law protects victims even if formal criminal charges are not filed against the alleged perpetrator. Since Gatluak allegedly attacked the trooper, the trooper is a victim, and Marsy's Law affords the trooper the right to privacy and the right to prevent disclosing information that could be used to find or harass the trooper, he said.
In the other Dakota, "The law was invoked by most of the eight North Dakota police officers who shot someone between Dec. 8, 2016 (when the law went into effect) and July 22, 2018, according to an investigation by the Grand Forks Herald," Zoints reports. "Invoking the law withheld officers' names until investigations were complete."
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