SD Supreme Court orders resentencing for man who pled guilty to manslaughter

Mike Tanner/KWAT

August 5, 2021

PIERRE, S.D. (AP) — The South Dakota Supreme Court has ordered a Yankton man be resentenced for manslaughter. Jameson Mitchell pleaded guilty to fatally shooting Lucas Smith outside a Yankton bar in 2019.

The two had fought inside the bar and then were tossed out. Mitchell then retrieved a handgun from his apartment and returned to the alley outside the bar.

Surveillance video showed Smith charging at Mitchell, shouting for Mitchell to shoot him.

A circuit judge sentenced Mitchell to 124 years in prison, more than twice the amount of time the state recommended.

In a decision released today, Justice Mark Salter said the circuit court “effectively treated Mitchell as solely responsible for Smith’s killing without considering Smith’s own criminal conduct.”