(SD)-Sentencing Delayed In Fatal Reservation MVA
RAPID CITY, S.D. (AP) - Sentencing for a Pine Ridge Reservation man convicted in a drunken driving crash that killed a family on the reservation has been delayed because he tested positive for marijuana.
U-S District Judge Jeffrey Viken said during Friday's hearing he would not go through with sentencing for Tyler Makes Him First due to the risk of an appeal because a defendant on drugs could claim not to understand his or her rights.
Makes Him First pleaded guilty to involuntary manslaughter for the 2017 crash and is currently in jail awaiting sentencing because he violated the conditions of his pre-sentence release
Killed in the accident were 42-year-old Waylon Red Elk Sr, his 34-year-old pregnant wife Jaylene Pretends Eagle, and their 1-year-old son Waylon Red Elk Jr.
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