Andrew John Yellowbear Jr.

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Andrew John Yellowbear Jr. (born September 5, 1974) was the defendant in one of Wyoming's most notorious capital murder trials. He was convicted in April 2006 in Thermopolis, Wyoming, of premeditated first-degree murder in the death of his 22-month-old daughter Marcela Hope Yellowbear. He was subsequently sentenced to life in prison without the possibility of parole.

Defendant accused person

A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.

Wyoming State of the United States of America

Wyoming is a state in the mountain region of the western United States. The state is the 10th largest by area, the least populous, and the second most sparsely populated state in the country. Wyoming is bordered on the north by Montana, on the east by South Dakota and Nebraska, on the south by Colorado, on the southwest by Utah, and on the west by Idaho and Montana. The state population was estimated at 586,107 in 2015, which is less than 31 of the most populous U.S. cities including neighboring Denver. Cheyenne is the state capital and the most populous city, with an estimated population of 63,335 in 2015.

Capital murder was a statutory offence of aggravated murder in Great Britain and Northern Ireland and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In some parts of the U.S., this term can define certain acts of aggravated murder: a capital murder is any murder that makes the perpetrator eligible for the death penalty.

Contents

Description of the crime

Authorities say Marcela Hope Yellowbear was tortured to death over a period of several weeks, starting around May 15, 2004, to July 2, 2004. According to the testimony of the girl's mother, Macalia Blackburn (born December 20, 1981), who was sentenced to 60 years in prison for her role as an accessory, Yellowbear beat the girl daily in the couple's Riverton, Wyoming apartment using a variety of objects, including the handle of a claw hammer, a sports sandal, a two-by-four, and a plastic stabilizer bar from a child's swingset.

Prison place in which people legally are physically confined and usually deprived of a range of personal freedoms

A prison, also known as a correctional facility, jail, gaol, penitentiary, detention center, remand center, or internment facility is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

Riverton, Wyoming City in Wyoming, United States

Riverton is a city in Fremont County, Wyoming, United States. The city's population was 10,615 at the 2010 census, making it the largest city in the county overall.

Claw hammer

A claw hammer is a tool primarily used for driving nails into, or pulling nails from, some other object. Generally, a claw hammer is associated with woodworking but is not limited to use with wood products. It is not suitable for heavy hammering on metal surfaces, as the steel of its head is somewhat brittle; the ball-peen hammer is more suitable for such metalwork.

Blackburn said she was too scared of Yellowbear to stop him from hurting the girl. Yellowbear had a history of domestic violence against the woman, a fact that came out in his roughly three-week trial, but only while the jury was absent as Judge David Park didn't want to prejudice the case.

Domestic violence pattern of behavior which involves the abuse by one partner against another

Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It may be termed intimate partner violence when committed by a spouse or partner in an intimate relationship against the other spouse or partner, and can take place in heterosexual or same-sex relationships, or between former spouses or partners. Domestic violence can also involve violence against children, parents, or the elderly. It takes a number of forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as choking, beating, female genital mutilation, and acid throwing that results in disfigurement or death. Domestic murders include stoning, bride burning, honor killings, and dowry deaths.

Jury sworn body of people convened to render a verdict officially submitted to them by a court, or to set a penalty or judgment

A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt or lack thereof in a crime. In Anglophone jurisdictions, the verdict may be guilty or not guilty. The old institution of grand juries still exists in some places, particularly the United States, to investigate whether enough evidence of a crime exists to bring someone to trial.

Prejudice is an affective feeling towards a person or group member based solely on that person's group membership. The word is often used to refer to preconceived, usually unfavourable, feelings towards people or a person because of their political affiliation, sex, gender, beliefs, values, social class, age, disability, religion, sexuality, race/ethnicity, language, nationality, beauty, occupation, education, criminality, sport team affiliation or other personal characteristics. In this case, it refers to a positive or negative evaluation of another person based on that person's perceived group membership.

Yellowbear continues to deny hurting the girl, blaming the abuse on Blackburn.

According to an affidavit from the Riverton Police Department, the girl suffered from "a skull fracture to the back of her head; numerous traumas to her head resulting in blood clotting between her scalp and her skull; a laceration below her chin extending to the underside of her tongue; a broken right arm; third-degree burns to her right hand fingers; large abrasions to her buttocks; a laceration and possible burn to the bottom of her left foot; numerous pinch and nail marks; deep tissue bruises over the course of her body; and distinct dehydration."

Affidavit written sworn statement of fact

An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is Medieval Latin for he/she has declared upon oath. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

Skull fracture break in one or more of the eight bones that form the cranial portion of the skull

A skull fracture is a break in one or more of the eight bones that form the cranial portion of the skull, usually occurring as a result of blunt force trauma. If the force of the impact is excessive, the bone may fracture at or near the site of the impact and cause damage to the underlying structures within the skull such as the membranes, blood vessels, and brain.

Dehydration in physiology, excessive loss of body water

In physiology, dehydration is a deficit of total body water, with an accompanying disruption of metabolic processes. It occurs when free water loss exceeds free water intake, usually due to exercise, disease, or high environmental temperature. Mild dehydration can also be caused by immersion diuresis, which may increase risk of decompression sickness in divers.

Post-trial legal proceedings

After he was convicted, Yellowbear filed a petition in United States District Court for the District of Wyoming seeking to set aside the conviction on the grounds that only tribal and federal courts, rather than the state courts of Wyoming, had jurisdiction over the case. His petition was supported by the Northern Arapaho and Eastern Shoshone tribes. [1] Both Yellowbear and Blackburn are members of the Northern Arapaho tribe, which shares the Wind River Indian Reservation with the Eastern Shoshone.

A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.

United States District Court for the District of Wyoming

The United States District Court for the District of Wyoming is the Federal district court whose jurisdiction comprises the state of Wyoming and those portions of Yellowstone National Park situated in Montana and Idaho. The court has locations in Cheyenne and Casper.

In law, a conviction is the verdict that usually results when a court of law finds a defendant guilty of a crime. The opposite of a conviction is an acquittal. In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal. There are also cases in which the court orders that a defendant not be convicted, despite being found guilty; in England, Wales, Canada, Australia, and New Zealand the mechanism for this is a discharge.

Yellowbear's lawyers argued for the venue change because the crime took place in Riverton, an incorporated city that is landlocked by an Indian reservation. [2] Trials of felonies by American Indians within the boundaries of a reservation are heard in federal district court, while misdemeanors are heard in the respective tribal courts of the reservation in which a particular crime occurred.

Indian reservation land managed by Native American tribes under the US Bureau of Indian Affairs

An Indian reservation is a legal designation for an area of land managed by a federally recognized Native American tribe under the U.S. Bureau of Indian Affairs rather than the state governments of the United States in which they are physically located. Each of the 326 Indian reservations in the United States is associated with a particular Native American nation. Not all of the country's 567 recognized tribes have a reservation—some tribes have more than one reservation, while some share reservations. In addition, because of past land allotments, leading to some sales to non–Native Americans, some reservations are severely fragmented, with each piece of tribal, individual, and privately held land being a separate enclave. This jumble of private and public real estate creates significant administrative, political, and legal difficulties.

Trial coming together of parties to a dispute, to present information in a tribunal

In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

The term felony, in some common law countries, is defined as a serious crime. The word originates from English common law, where felonies were originally crimes involving confiscation of a convicted person's land and goods. Other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions, such as between indictable offences and summary offences. A felony is generally considered a crime of high seriousness, but a misdemeanor is not.

In 2008, Yellowbear filed a lawsuit against the Wyoming Department of Corrections claiming the state violated his constitutional rights by depriving him of ten bald eagle feathers for use in religious ceremonies. In late July 2008, Judge Alan Bond Johnson of the United States District Court for the District of Wyoming approved a settlement allowing Yellowbear to get four eagle feathers.

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Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges and on the same facts, following a valid acquittal or conviction. As described by the U.S. Supreme Court in its unanimous decision concerning Ball v. United States 163 U.S. 662 (1896), one of its earliest cases dealing with double jeopardy, "the prohibition is not against being twice punished, but against being twice put in jeopardy; and the accused, whether convicted or acquitted, is equally put in jeopardy at the first trial."

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Arapaho tribe of Native Americans historically living on the plains of Colorado and Wyoming

The Arapaho are a tribe of Native Americans historically living on the plains of Colorado and Wyoming. They were close allies of the Cheyenne tribe and loosely aligned with the Lakota and Dakota. The Arapaho language, Hinónoʼeitíít, is an Algonquian language closely related to Gros Ventre (Ahe/A'ananin), whose people are considered to have separated from the Arapaho at an early time. The Blackfeet and Cheyenne also speak Algonquian languages, but theirs are quite different from Arapaho.

The Shoshone or Shoshoni are a Native American tribe with four large cultural/linguistic divisions:

Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. in absentia is Latin for "in the absence". Its meaning varies by jurisdiction and legal system.

Washakie Eastern Shoshone chief

Washakie was a prominent leader of the Shoshone people during the mid-19th century. He was first mentioned in 1840 in the written record of the American fur trapper, Osborne Russell. In 1851, at the urging of trapper Jim Bridger, Washakie led a band of Shoshones to the council meetings of the Treaty of Fort Laramie (1851). Essentially from that time until his death, he was considered the head of the Eastern Shoshones by the representatives of the United States government.

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Wind River Indian Reservation Indian reservation in Wyoming, United States

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Capital punishment is a legal penalty in the U.S. state of Wyoming.

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References

  1. Neary, Ben (February 1, 2010). "Court lets tribe intervene in Wyoming murder appeal". indiancountrynews.com. Retrieved 21 May 2017.
  2. Berry, Carol (February 24, 2011). "Supreme Court Declines Native Cases". indiancountrymedianetwork.com. Retrieved 21 May 2017.