The state Supreme Court is assessing what can or can’t be used as evidence in murder cases.
State of South Dakota V. Dion Bordeaux seeks to answer the question of admissible evidence, which orbits specific details that ultimately contributed to the first-degree murder conviction Bordeaux faces.
The incident took place at a Rapid City motel in 2019, in which Bordeaux was accused of murdering his partner, Janette Jumping Eagle, following a domestic dispute.
Investigators said Bordeaux framed the death to look like a suicide. During the trial, prosecutors introduced prior incidents of assault – namely, an alleged stabbing of a family member.
Bordeaux was convicted and sentenced to life in prison with no chance of parole. Bordeaux appealed.
Paul Swedlund is representing the state in arguments before the Supreme Court. He described a clean-cut murder case. He said Bordeaux’s prior acts of violence remain relevant to the case.
“The trial court admitted this prior assault, finding that the two incidents had sufficient points in common," Swedlund said. "That’s the reason the court admitted the evidence – because it was indicative of intent. The intent was there in both cases to inflict, or resort, to lethal force during the course of a disagreement.”
However, the defense maintains Jumping Eagles death was instead a suicide, and in turn Bordeaux’s innocence. Critically, there are conflicting takes among those who worked the scene regarding the arming of the safety of the gun used in the shooting – a semiautomatic Ruger pistol.
Angela Colbath is one of Bordeaux’s attorneys. She said character evidence allowed in court was both prejudicial and overshadowed by more relevant evidence items.
“The nature of the states arguments, in and of itself, the emphasis they put on the nature of Mr. Bordeaux’s character, tells this court all it needs to know," Colbath said. "It tells the court that the state believed that information was critical in making the determination of Mr. Bordeaux’s guilt in this case.”
Arguments were made this week during the South Dakota Supreme Court's session at the University of South Dakota. A decision is expected to be returned in coming weeks.