South Dakota Attorney General
03/12/2026 | Press release | Distributed by Public on 03/12/2026 13:15
Attorney General Jackley Announces SD Supreme Court Upholds Criminal Convictions in Charles Mix County Case
FOR IMMEDIATE RELEASE: Thursday, March 12, 2026
Contact: Tony Mangan,Communications Director, 605-773-6878
PIERRE, S.D. - South Dakota Attorney General Marty Jackley announces that the South Dakota Supreme Court has affirmed the convictions of Hazen Hunter Winckler, rejecting claims that the State lacked jurisdiction over criminal offenses occurring at the Charles Mix County courthouse and jail.
In its decision released Thursday, the Court upheld Winckler's convictions for failure to appear and simple assault, concluding that the Charles Mix County courthouse and jail are not located in "Indian country" under federal law and therefore fall within state criminal jurisdiction.
"The South Dakota Supreme Court confirmed that the State has clear jurisdiction to prosecute crimes occurring at the Charles Mix County courthouse and jail," said Attorney General Jackley. "This decision provides important clarity for law enforcement, prosecutors, and the courts while ensuring accountability for criminal conduct."
Winckler, an enrolled member of the Yankton Sioux Tribe, argued that the courthouse and jail in Lake Andes were located in Indian country and that the State therefore lacked authority to prosecute him. The Supreme Court rejected that argument, holding that the land in question is not part of a reservation, not a dependent Indian community, and not an Indian allotment with unextinguished Indian title under federal law.
The Court also rejected several additional challenges raised by Winckler related to trial timing, evidentiary rulings, and sufficiency of the evidence supporting his conviction.
Winckler was convicted by a Charles Mix County jury of failure to appear after missing a scheduled pretrial conference and later pleaded guilty to simple assault stemming from an altercation at the county jail.
The case was prosecuted by the Charles Mix County States Attorney. The South Dakota Attorney General's Office represented the State on the appeal.
To read the verdict, click here: https://ujs.sd.gov/media/exfb3xtw/31006-31007.pdf
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