State v. at the Straight, 984 N.W.2d 715

On July 9, 2020, Dillon Big Eagle was shot multiple times outside 412 W. Prospect Ave., Pierre; he survived.
Dillon identified Derek At The Straight at trial as the shooter; At The Straight had a prior verbal altercation with Dillon and was dating Dillon’s sister, Chanel.
Investigators recovered three spent 9mm shell casings at the scene; a black 2013 Chevrolet Impala registered to At The Straight was later found in Rapid City with 9mm magazines, live 9mm ammunition, and personal items linking the car to him.
Jailhouse testimony from inmate Daniel Puppel relayed admissions by At The Straight that he shot Dillon and disassembled/discarded the gun; Puppel sought consideration for cooperation.
Forensic testing tied the type/manufacturers of ammunition in the Impala to the spent casings; DNA testing identified At The Straight as a major contributor on Impala surfaces but did not produce usable DNA from the shell casings or firearm (firearm not recovered).
A jury convicted At The Straight of attempted first-degree murder, multiple aggravated assaults, and commission of a felony while armed; he was later found a habitual offender and sentenced. He appealed the denial of his motions for judgment of acquittal, arguing insufficient evidence (identity/DNA), lack of motive, and insufficient proof of specific intent/premeditation.

Issue	State's Argument	At The Straight's Argument	Held
Identity of shooter	Victim ID, Puppel admissions, Impala linkage, matching ammo types, DNA in car suffice	No DNA or firearm linking him to the scene; DNA on casings inconclusive	Conviction affirmed; circumstantial and testimonial evidence sufficient to identify him as shooter
Specific intent / premeditation for attempted 1st‑degree murder	Circumstantial evidence (multiple shots, prior dispute, trip to house, admissions) supports specific intent	No direct proof of premeditation; lack of forensic link to gun undermines intent finding	Affirmed; intent can be inferred from facts/circumstances and jury rationally found intent to kill
Motive	Prior verbal altercation, relationship with victim’s sister, calls just before shooting, admissions supply motive	No evidence of motive presented	Court found sufficient evidence of motive for jurors to consider; absence of motive not dispositive
Sufficiency for aggravated assault and felony‑with‑firearm counts	Same evidence supports these convictions	Same challenges as to murder count — identity and intent lacking	Affirmed; same sufficiency standard applies and evidence supports convictions

State v. Berhanu, 724 N.W.2d 181 (defines elements of attempt and required specific intent)
State v. Helmer, 545 N.W.2d 471 (lists factors from which premeditation may be inferred)
State v. Jensen, 737 N.W.2d 285 (circumstantial evidence can establish intent)
State v. Tofani, 719 N.W.2d 391 (mental state usually shown circumstantially)
State v. Krueger, 950 N.W.2d 664 (reminder of appellate deference to jury sufficiency findings)
State v. Armstrong, 939 N.W.2d 9 (standard of review for denial of judgment of acquittal)
State v. Bucholz, 598 N.W.2d 899 (circumstantial evidence and reasonable inferences govern sufficiency review)