Rapid City man cleared of manslaughter charge

(MGN)

RAPID CITY, S.D. (KEVN/KOTA TV) - A Rapid City man arrested Friday for manslaughter will not be charged, according to Pennington County State’s Attorney Mark Vargo.

Thomas Tesch, 51, was arrested Friday night in relation to the death of 38-year-old Schuyler Swan, also of Rapid City. After speaking with witnesses, police believed that Swan was pushed down an embankment by Tesch.

However, a statement Monday from Vargo refers to "justifiable homicide" statutes which allows a person to defend or help another person threatened with bodily harm, to prevent the harm from happening.

Vargo says there is no evidence that Tesch was motivated by anything other than the lawful protection of a third person.

The incident happened around 2:30 Thursday, morning near the 900 block of Mountain View Road. The autopsy conducted later in the day showed that Swan died of a head injury.