Bad Brave maintains not guilty pleas in Fast Horse homicide

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buy this photo MIKE McCLEARY/TribuneLeland Bad Brave, left, maintained his not guilty plea in the murder of Alden Fast Horse during a dispositional conference Monday at the Burleigh County Courthouse in Bismarck.

A Bismarck man charged in the death of Alden Fast Horse has maintained his not guilty plea to three felonies.

A trial for Leland Bad Brave, 21, will be set at a later date, South Central District Judge Bruce Romanick said in court on Monday.

Fast Horse, 30, of Cannon Ball was found dead of multiple stab wounds in a hotel room at the Ramkota Hotel at 12:03 p.m. June 5.

Bad Brave faces charges of Class AA felony murder, Class A felony conspiracy to commit robbery and Class B felony burglary.

If convicted, he faces up to life in prison without parole for the murder charge, up to 20 years in prison for robbery and up to 10 years in prison for burglary. The robbery charge carries a minimum mandatory sentence of four years in prison due to allegations of a weapon being used.

Susan Schmidt, Bad Brave's appointed defense attorney, said she has filed a demand for a speedy trial in the case. However, Romanick said there are no statutory guidelines in state law spelling out how fast a trial must be scheduled after such a request.

In the case of sexual offenses or certain drug offenses, a speedy trial demand must be filed by the prosecution or the defense within 14 days of arraignment. Then, a trial must begin within 90 days of the demand. However, there are no such guidelines for other felony charges in state law, Burleigh County State's Attorney Richard Riha said.

Riha said Burleigh County Assistant State's Attorney Cynthia Feland, who is prosecuting the case, requested an eight-day trial be set. However, Riha thought the trial would last five days. Romanick agreed.

"Does she know I'm the judge?" he asked. "I tend to go a little quicker."

Romanick said he would set a five-day trial, with jury selection possibly to begin the Friday prior to the trial.

Bad Brave originally pleaded not guilty on Sept. 3, the same day co-defendants Sheldon McHugh and Elena Vassar pleaded guilty to related charges.

McHugh, 19, has pleaded guilty to Class AA felony murder, Class A felony conspiracy to commit robbery and Class B felony burglary. The pleas were entered to South Central District Judge Bruce Haskell as part of a binding plea agreement between prosecutors and McHugh's appointed defense attorney, Kent Morrow. The plea agreement calls for McHugh to be sentenced to life in prison with the possibility of parole for murder, and concurrent sentences of 20 years and 10 years, respectively, for the robbery and burglary charges.

Haskell could reject or accept the plea agreement following a presentence investigation. If he accepts it, McHugh will have to spend 30 years in prison before being eligible for parole. If the judge rejects the agreement, McHugh can withdraw his guilty plea and go to trial or maintain his guilty plea and accept whatever sentence Haskell gives. His sentencing is slated for Dec. 30.

McHugh faces a mandatory minimum sentence of four years in prison for the robbery charge because of allegations of a weapon being used in the commission of the crime. McHugh already is in prison for a previous, unrelated aggravated assault conviction. His probation was revoked on that charge after he was arrested in Fast Horse's murder.

Vassar, 22, pleaded guilty on Sept. 3 to Class C felony robbery. The charge originally was Class A felony conspiracy to commit robbery but was reduced at the request of prosecutors, who said they could not prove she knew a weapon was being used in the crime. Vassar's plea was not part of a plea agreement. She could be sentenced on Jan. 6 to up to five years in prison, but there is not a minimum mandatory sentence involved.

A fourth person already pleaded guilty and was sentenced in connection with Fast Horse's death. James Wisbey, 22, pleaded guilty to Class A misdemeanor theft of property on July 14. Wisbey had been charged with burglary but the charge was reduced after prosecutors learned he had a key to enter Fast Horse's hotel room.

Wisbey had gone to the room to retrieve his brother's belongings. Bad Brave and McHugh were with him and remained in the room after Wisbey walked out. The two men came out as Wisbey went back to get them, and they were carrying bags of Fast Horse's property. They handed Wisbey a bag, and he carried it out, leading to the accomplice to theft charge. Some of the property was found in Wisbey's possession.

South Central District Judge Robert Wefald sentenced him to one year, with all but time served suspended, and two years of supervised probation. Wisbey's sentence includes a mandate that he cooperate with prosecutors in the cases against Bad Brave and McHugh.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)

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