South Dakota
Acquitted in beheading case, South Dakota man sues, claiming malicious prosecution
WATERTOWN, S.D. — A man who spent 1,217 days as the only suspect in the 2020 murder and beheading of an Indigenous woman filed a civil rights lawsuit in federal court on Thursday, Jan. 8, alleging he was negligently and maliciously prosecuted.
The complaint, filed in the United States District Court of South Dakota Northern Division, on behalf of Jeremiah Peacemaker, 49, names nearly three dozen defendants, including current Watertown Police Chief Timothy Toomey, department officers, South Dakota Attorney General Marty Jackley, as well as agents from the South Dakota Division of Criminal Investigation, the city of Watertown, and others.
Peacemaker was
acquitted on March 5, 2024,
of murdering 28-year-old Kendra Rae Owen, an enrolled member of the Sisseton Wahpeton Oyate.
Patrick Lalley / Sioux Falls Live
Peacemaker argues his rights under the 4th, 5th, 8th and 14th amendments to the U.S. Constitution were intentionally, recklessly and willfully violated, and claims the ordeal has left permanent damage to his reputation, his emotional well-being, his livelihood and his relationships.
Represented by Steven Beardsley, Kate Benson and Scott Bratland, of South Dakota law firms, Peacemaker is seeking compensatory damages in an amount to be determined by a jury at trial.
In the complaint, Peacemaker claims little of Owen’s case was actually investigated: Witnesses were ignored, evidence was ruined, misplaced and lost, and other suspects besides Peacemaker were not investigated.
“Investigators refused to consider the possibility that they had arrested the wrong person,” his complaint states.
Peacemaker told investigators that he met Owen only once, days before her murder, and he was the victim of a beating and a hit-and-run the night before his arrest.
At the time, police thought Peacemaker’s story strange, according to the complaint, and fingered him as the primary suspect hours after Owen’s body was found.
“They wanted to prove that (the) plaintiff made up the story about the assault and hit and run. When they actually did an investigation, what they discovered is that he had told the truth,” the complaint states.
Shortly after Owen’s murder, investigators agreed to trick Peacemaker, according to the complaint. Outwardly, they pretended they were going to investigate the hit and run, but quickly focused on placing Peacemaker at the scene of the murder.
At the police station, Peacemaker alleges he was tricked into giving a DNA sample, and into talking about a woman with pink hair.
Owen had pink hair.
Patrick Lalley / Sioux Falls Live
Eventually, he was read his Miranda Rights. A photograph of Owen’s corpse and her head propped on a mattress was “slapped” in front of him, the complaint stated.
Even though Peacemaker tried to tell investigators that he had only met Owen one time, two days before the hit-and-run, they called him a psychopath and a serial killer.
“He was completely blindsided and stunned,” the complaint stated.
Video evidence later revealed that Peacemaker was telling the truth, according to the complaint — he was seen with Owen buying beer from a nearby bar.
“The plaintiff explained that he was not trying to hook up with her and that she did not make him mad. He was happy to meet her and to have made a new friend,” the complaint stated.
After an entire night of interrogation, Peacemaker was arrested.
Patrick Lalley / Sioux Falls Live
Nearly three years after Owen’s death, Peacemaker’s defense lawyers returned to the crime scene. While walking around the house, they saw a strange saw on the roof. After reviewing crime scene photographs from 2020, the saw was visible in the same spot, according to the complaint.
“Defendants did not find it because they did not look. It remained on the roof for three years. By the time it was finally collected, the forensic evidence was gone,” the complaint stated, adding that there were reddish-brown stains on the roof under the saw.
Patrick Lalley / Sioux Falls Live
No reasonable investigating officer could have believed there was probable cause to arrest Peacemaker, the complaint stated.
“Because of the quick arrest of Mr. Peacemaker and subsequent press releases, the public was led to believe that this was an open and shut case. Law enforcement officers were hailed as heroes for the quick arrest. The victim’s family had no idea how flawed the case was until they showed up to watch the trial,” the complaint stated.
Contributed / Jewel DeMarrias
Owen, whose Indigenous name according to her obituary was Gakiya Nagun Wiyan or “Hears the Voice in the Distance Woman,” lived a “high-risk lifestyle,” the complaint stated, adding that she had disabilities that impaired her judgment. She had a substance abuse disorder, but she was also independent and a fighter.
Owen’s case worker, Marciella Espinoza, from the Human Service Agency, called her “Mike Tyson” because her initials were “K.O.,” and at times she was involved in fights, both as an assailant and a victim, according to the complaint.
But Owen was much more than that, her mother Jewel DeMarrias told Forum News Service in a brief interview.
She played bowling, basketball and softball in the Special Olympics. She was a churchgoer, DeMarrias said.
“She was an earth angel. She would give you her last penny to help you,” DeMarrias said.
Contributed / Jewel DeMarrias
Because of her lifestyle, intoxicated people were frequently in her home, according to the complaint. From Jan. 1, 2020, until the day her body was found, she called 911 six times, usually asking for help removing people from her home.
“A quick search of Ms. Owen’s record yielded a ton of potential suspects. The 911 records had the names of individuals who should have been interviewed because they were recently in altercations with Ms. Owens, but they were not,” the complaint stated.
From that suspect list of eight people, some have already died since the trial, according to the complaint.
One possible suspect had had Owen’s keys and threatened to kill her.
A second possible suspect — a woman — tried to hire an undercover FBI agent to commit murder, and when asked what she would do to help with the murder, she offered to cut up the body, according to the complaint.
A third potential suspect, who made the last nine phone calls to Owen, stopped by her house numerous times looking for his jean jacket. Owen was wearing a jean jacket at the time of her death.
A fourth potential suspect once broke Owen’s arm, and a fifth was with Owen when she met Peacemaker. Both these people are now deceased.
The sixth person on the list described by the complaint was described as Owen’s occasional boyfriend.
The seventh was a violent meth user who once gouged out a person’s eye.
And the eighth possible suspect was once married to a woman who assaulted Owen. While in jail, he made a “strange phone call” to Peacemaker, saying that whoever killed Owen was after him.
Cigarette butts found in Owen’s apartment were also not tested until defense attorneys in Peacemaker’s felony trial insisted. When DNA evidence came back, the genetic trail led to a woman named Brianna Lawrence, who spent time in prison for hiring a hit man to kill the father of her children, according to the complaint.
“She planned to assist the hit man by chopping the body into pieces,” the complaint stated, adding that Lawrence was also not interviewed until three years after the murder, a delay that made documentation of Lawrence’s location difficult.
The Watertown Police Department’s failure to properly investigate the case “shocks the conscience,” the complaint stated.
“Key pieces of evidence were recklessly ignored. Evidence proving Mr. Peacemaker was innocent, lost, not collected, not tested and not documented,” the complaint stated. “Investigators were more worried, tiptoeing around each other’s egos, than doing a proper investigation.”
Watertown Police Capt. Ryan Beauchamp — one of the defendants — told Forum News Service that the department could not comment on the lawsuit at this time.
(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.
That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.
“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.
In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.
There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.
There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.
Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”
In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.
Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.
“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”
Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.
Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.
“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.
He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.
“We’re running quality, good candidates in those races,” Zweifel said.
The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.
“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.
Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.
Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.
Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.
“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”
Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
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From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.
Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.
What Are AARP’s Domains of Livability?
AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:
- Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
- Transportation – Affordable, accessible options for getting around
- Housing – A range of choices that support independence
- Social Participation – Opportunities to connect, learn and have fun
- Respect and Social Inclusion – Communities that value people of all backgrounds and ages
- Civic Participation and Employment – Meaningful ways to engage and contribute
- Communication and Information – Clear, accessible ways to stay informed
- Community Support and Health Services – Access to services that support well-being
These domains work best when addressed together—something South Dakota communities are embracing.
Turning Vision into Action with Community Challenge Grants
AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.
Here’s how local projects are bringing the Domains of Livability to life:
- Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
- Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
- Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
- Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
- Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.
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