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 Anti-Racism Protest, Winner, South Dakota
Justice prevails: Phillip Dog Soldier aquitted
By Ruth Steinberger
Lakota Journal Correspondent
Originally published in the online edition of the Lakota Journal
WINNER — Phillip Dog Soldier was acquitted on July 12, on two counts of second-degree
manslaughter stemming from the deaths of his niece’s two children
in a house fire on September 4, 2000. The trial lasted three days.
Dog Soldier, 51, of Wood, was asleep upstairs in
the home they shared when the fire broke out.
At the time of the fire, Dog Soldier was transported to the Winner Regional Healthcare Center
for treatment of burns and smoke inhalation, and was later
transferred to the Indian Health Service at Rosebud Hospital.
Dog Soldier was indicted in November, 2001. During the three day trial the prosecution alleged
that he had allowed a coffee pot to catch on fire, resulting in the fatal house fire. Family members
believed that the allegations against Dog Soldier were unfair
and they had rallied to his defense prior to the trial.
Supporters from Rosebud, along with activists from Ta Oyate Duta in Sisseton and from as far
away as New York and Connecticut remained in Winner throughout the trial. Supporters cited
what they believed were inconsistencies in the reporting of the fire, including that the fire was
alleged to have started in the stove in the kitchen, yet wallpaper next to the stove was unburned
while the front porch was destroyed by flames.
Another adult was present in the home at the time of the fire.
Susan Songer told Lakota Journal, “I was scared. We hadn’t been able to sleep since last
Monday when this started and I feel really good about the end of this.”
Songer said that she
felt that Sheriff Paul Sheuts had earlier targeted Dog Soldier, when they were both in a vehicle
driven by Songer at the time an accident occurred. Songer said that despite the fact that she was
driving the vehicle, the Sheriff charged Dog Soldier for the wreck.
Dog
Soldier has been an outspoken critic of racism in the community.
Attorney Donald Covey of Winner defended Dog Soldier.
Covey told Lakota Journal, “I was very
gratified by the verdict. It demonstrates that everyone can have a fair trial in Tripp County if
everything is done properly. The jury was very attentive and took the case very
seriously. They were very aware that two children had died in this incident.”
The children of Arnold and Susan Songer were ages 10 and 12.
Despite being on treatment for pain and injuries, Dog Soldier was interrogated about the fire
throughout the time he was hospitalized. Medical records reveal that the medications that Dog
Soldier was on at the time of the interrogations caused sedation and mental
confusion. Tapes of those interrogations were used during the trial.
Supporters present in the courtroom told Lakota Journal that there were at least 309 instances in
the 67 page transcript in which the transcriptionist was unable to understand Dog Soldier’s
responses and was forced to leave a blank place in the transcription. Dog Soldier had been
unable to speak with an attorney prior to the interrogations, and no attorney was present
throughout the questioning. At least once he asked that the
interviews be stopped, however the questioning continued.
Support organizer Alfred Bone Shirt described the tape as an interview that was repetitive
and harassing, with the officers badgering Dog Soldier to admit that he caused the blaze.
On April 22, Defense Attorney Covey introduced a motion to suppress
the taped interviews, however Judge Lori Wilbur denied the motion.
Throughout the trial supporters of Dog Soldier held a rally outside the Tripp County Courthouse.
Organizer Bone Shirt told Lakota Journal, “There were already two tragedies in this. We couldn’t
allow Phillip to become a third tragedy in this story.” Though protestors remained peaceful, some
white residents threatened those attending the rally, claiming to be members of the Klu Klux
Klan and also claiming to be Nazis. One Indian woman was told they intended to,
“Cut an Indians head off.” Cars driven by white men and white youths circled
the block, allegedly shouting racial slurs and making obscene gestures and threats.
Some of the people who threatened the protestors left after being told they were being photographed.
Lilly Jones of New York was a protestor who witnessed the activities. Jones said, “It was a
very peaceful rally, I mean the protestors were peaceful. I was shocked by people going by
and making racial slurs and obscene gestures. It was pick up trucks with men and some boys
also. They had a video camera and they made comments and threats. We have a video of them as well.”
Jones commented that the Winner Advocate had been notified about the threats to the protestors
but had not sent a reporter to the scene. Winner Advocate Editor, Dan Bechtold said that their
only reporter was actually inside the courtroom because of the trial. However, Jones said that the
combination of racism that is obviously tolerated by the white community in Winner and
the lack of publicity, made many of the protestors concerned about their safety.
Bone Shirt said, “I’m just very happy that they weren’t able to railroad Phillip. Everything indicated
that was what was happening. It would have been a typical thing where an Indian
family is standing by themselves at the mercy of a very racist system.”
Bone Shirt continued, “While we waited for the verdict, right across from the courthouse, we
were standing where we could be seen from the open doors of the fire station. The white firemen
were standing in the garage doors of the fire station and some were saying, “You f- - - - - g Indians”,
and “We hope they hang that (expletive) Indian.,” after they got our attention they kept saying things
like that. None of them hung their heads or acted ashamed. They were really enjoying it. We didn’t
do anything to antagonize them. If anything, they were the ones who violated treaties by being there, not us.”
Glenn McCreedy of the Winner Fire Department, a volunteer Fire Department, told Lakota Journal,
“That’s absolutely false. I was there. We came back from a fire call and were filling the trucks-that was it.”
Witnesses described a red Chevy Blazer that repeatedly circled the block taunting the protestors
and that some people leaving the VFW made obscene hand gestures at the protestors.
Bone Shirt said, “The worst thing was when they came over to the women who had waited by
the cars and said the KKK was coming and that they were up the street. There were American
flags hanging on or in the municipal buildings. This was the mentality of the cavalry.”
Bone Shirt suggested a selective boycott of some of the businesses in Winner.
Phillip Dog Soldier read a press statement saying, “I’m happy to be free. It’s been about 7 months
sitting in the Winner Jail for the two counts of manslaughter. I knew in my heart I was innocent of
these two charges of second-degree manslaughter. I was not the one who
did anything wrong, they were railroading me on these charges.”
The prosecutors Jean Massa and Paul Jensen tried to offer me a plea bargain and wanted to railroad
me on these charges. For seven months I went through a lot of stress and I will not forget what they
have put our family through. I will stay active in this case and continue to fight against the racism and
injustice being done to our people. People in the Winner area should
know by now the injustice done to the Lakota people.”
We need to unite and remain strong for our Lakota people in the Winner area, and continue fighting
against racial profiling especially in the Winner School District. This area needs to be looked into
right away. We can’t keep letting them send our Lakota children away because of the Winner School
District. I hope people will open their eyes. I do not like the way I was treated
during the trial. I was given a breath test after I was in court.”
My niece and sister were stopped by a state trooper on the way to Winner for my trial last week.
This is all harassment. This needs to stop. On Wednesday, at the spiritual gathering at the Tripp
County Courthouse, there was a lot of harassment by white people from Winner. There’s a lot of
discrimination, racism and hatred in the Winner area. I want to thank all the
people who supported me there at the trial and before my trial.”
I want to thank all of our Lakota brothers and for praying for me inside the prison walls. My heart
goes out to all our people all over South Dakota and different states who supported me throughout
this trial. A big special thanks goes out to Alfred Bone Shirt and his wife, and to Robin Baer
and Frances Zephier, Lilly Jones, Della Eastman and Cindy and Alice Bear Shield.”
Also a thank you to the Dakota Lakota Nakota Human Rights Advocacy Coalition, the American
Indian Movement, the Grass Roots Oyate, it’s a great feeling to have these people stay with my
family at the trial until the end. It shows if we continue to unite within the Indian community and be
strong and fight what goes on in the Winner area. An awful big thanks
goes out to a special friend in Louisiana, Marcell Tradeau.”
Dog Soldier added that the prosecutors had tried to bring up
his past, citing incidents that had nothing to do with this case.
(c) Lakota Journal 2002
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