The attorney for a man convicted of manslaughter in Pennington County wants a change of venue concerning a separate drug charge.
Public defender Jamy Patterson said Thursday that her client, 30-year-old Charles Birds Head, would not receive a fair trial on drug distribution charges because the state characterized him as a drug dealer.
She said the media coverage would unfairly bias a jury in Pennington County. Birds Head also faces statutory rape charges. Both charges were severed from the manslaughter trial.
He was convicted of manslaughter in August for the shooting death of Eustacio Marrufo in the South Dakota Rose parking lot last January during a drug transaction.
Seventh Circuit Judge Craig Pfeifle set a hearing to discuss the change of venue motion on Oct. 31.