No Death Penalty Sought

Circuit Judge Cheryle Gering had set a Feb. 21 deadline for the state to decide on pursuing the death penalty. In addition, the prosecution and defense had to announce whether a plea agreement had been reached.

On Tuesday, Deputy Attorney General Brent Kempema filed the prosecution’s notice of intent not to pursue capital punishment. The state took into account mitigating and aggravating circumstances of the alleged crimes, as well as applicable state and federal case law, he said.

“Having informed the families of the alleged victims of its decision, it (has) been determined that the State of South Dakota will not seek the penalty of death should the defendant be convicted of the offense of murder in the first degree,” the last part of the motion said.

During Tuesday’s hearing, the two sides announced they had not reached a plea deal. After considerable discussion, Gering set trial dates agreeable to all parties.

In addition, the judge will file a decision within two weeks on whether to grant a defense motion to move the trial out of Bon Homme County.

Lange is charged with entering his former Scotland residence Nov. 9, 2021, and shooting five people before leaving the premises. Authorities later located him at his father’s home in Scotland, where the suspect emerged without incident, court records said.

The shootings resulted at the time in three deaths with another two people sustaining serious, life-threatening injuries that required treatment, according to court records. One of the injured parties has since died.

Lange faces three charges of first-degree murder, a Class A felony with a sentence of the death penalty or life in prison and a possible $50,000 fine. He also faces two charges of attempted murder, along with aggravated assault and firearms charges.

Lange has pleaded guilty but mentally ill and not guilty by reason of insanity. He has completed a mental evaluation, which has been provided to the court.

The shooting deaths included Lange’s former girlfriend, Angela Monclova, as well as Librado Monclova and Diane Akins, according to court documents. Those injured included Vicki Monclova, who was transported to a Sioux Falls hospital for treatment, and a 5-year-old child with the initials M.M.

Vicki Monclova, 57, died Sept. 14, according to her obituary received by the Press & Dakotan.

“Vicki succumbed to injuries sustained in a brutal shooting of her family November 9th, 2021,” the obituary said.

However, authorities have not yet publicly attributed her death to the shootings. As of Tuesday afternoon, court records did not indicate any changes in the charges to reflect Vicki Monclova’s death.

Since a plea deal has not been reached, Gering moved ahead at Tuesday’s hearing with setting trial dates. The two sides agreed a two-week trial would likely be needed given the number of witnesses and amount of evidence.

Gering said she preferred an earlier date over a later one. Lange has already remained an extended period of time — about 15 months so far — in the Bon Homme County Jail in Tyndall, she noted.

“I want to make this case a priority,” the judge said. “Mr. Lange has been in custody, and I prioritize cases where someone is in custody.”

During Tuesday’s hearing, Lange and Bon Homme County State’s Attorney Lisa Rothschadl appeared in person. Because of weather-related concerns, Zoom appearances were made by Kempema and Assistant Attorney General Katie Mallery and defense attorneys Raleigh Hansman and Seth Klentz.

In scheduling the trial, possible dates ranged from mid-May to late summer or even early fall.

Kempema expressed concerns about whether the suggested May 15 date provided enough time.

“I haven’t talked with our expert witnesses, but we also want to complete this (case) before harvest season,” he said, referring to farmers as witnesses or jurors. “We prefer middle to late summer, but if you go with the May 15 date, we’ll get our witnesses there.”

The defense attorneys listed weeks when they are committed to other cases and trials.

The judge and both sets of attorneys considered available dates, the amount of time needed to file motions and secure witnesses, and other factors such as the Memorial Day and Independence Day holidays.

In the end, Gering set aside the two-week block of time, with the trial’s location to be determined by the judge’s decision regarding a change of venue.

The defense indicated Tuesday it wanted to move forward with its motion for a change of venue, taking the trial outside of Bon Homme County. Neither the state nor the defense had additional information to add at this time.

The defense lawyers have argued their client can’t receive a fair trial in Bon Homme County. They cited pre-trial media coverage and the county’s small population, which has left many people connected to or knowledgeable about the case, the defense attorneys said.

The motion doesn’t list any suggested or desired alternate locations.

During Tuesday’s hearing, Gering rejected Hansman’s request to send out a long-form questionnaire to potential jurors to determine a change of venue.

“I don’t feel a long form (questionnaire) would be helpful. It would add information, but it wouldn’t be determinative,” the judge said. “It wouldn’t get you any answers on a change of venue.”

Also, the long-form questionnaires could push the process into 2024, starting the process all over with a new pool of jurors, Gering said. However, she will allow the questionnaires in selecting the jurors for trial.

Kempema offered the prosecution’s perspective.

“The state prefers its counties in which they happened,” he said. “We get it that Bon Homme is a small county. This (case) has received a lot of attention, and the witnesses will come from the community.”

Kempema noted the state would want any relocation to remain close to Bon Homme County. “If there is a change of venue, we want it moved to the most cost-effective county, as close proximity as we can,” added.

In a probable-cause affidavit, a Division of Criminal Investigation (DCI) officer reported his findings when he responded to a 911 call about the shootings.

Law enforcement and paramedics arrived at the scene and located three unresponsive individuals. They reported there were no signs of life from Librado Monclova and Angela Monclova. Diane Akins was transported to the Scotland hospital and later pronounced dead from an apparent gunshot wound.

“It was determined that the child and Vicki Monclova had injuries consistent with gunshot wounds and were transported by helicopter to a Sioux Falls hospital,” the affidavit said. “The responding officers reported seeing a handgun magazine and what appeared to be fired 9mm pistol shell casing/cartridges on the floor inside the residence.”

The child has turned 7, based on the date of birth in court records.

Besides the three first-degree murder charges, Lange faces two counts of first-degree attempted murder and two counts of committing a felony while carrying a firearm (first conviction), both a Class 2 felony.  In addition, he is charged with two counts of aggravated assault with a deadly weapon, a Class 3 felony.

During Tuesday’s hearing, Gering set an April 18 date for the state and a May 16 date for the defense to produce their lists of witnesses and exhibits. “For the defense, I typically leave (that deadline) much closer to trial,” the judge explained.

The judge set a May 23 date for a pre-trial conference, allowing time if issues arise. In addition, she set a June 30 deadline for the sides to submit their proposed jury instructions.

Lange remains in the Bon Homme County Jail on $2 million cash bond.

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