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State of South Dakota
Plaintiff and Appellee
v.
Harold Running Bird

Defendant and Appellant

[2002 SD 86]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Seventh Judicial Circuit
Pennington County, South Dakota
Hon. Merton B. Tice, Jr., Judge

Mark Barnett
Attorney General
John M. Strohman
Assistant Attorney General
Pierre, South Dakota
Attorneys for plaintiff and appellee.

Michael Stonefield
Paula D. Camp
Office of Public Defender for Pennington County
Rapid City, South Dakota
Attorneys for defendant and appellant.

Considered on Briefs March 25, 2002
Opinion Filed 7/24/2002

#22023

GORS, Acting Justice
[¶ 1.] Harold Running Bird (Running Bird) appeals a final judgment of conviction for kidnapping and second degree rape. We affirm.
FACTS AND PROCEDURE
[¶ 2.] In August of 2000, Katinka Stegeman (Katinka) traveled to Rapid City, South Dakota from Holland. She was twenty-four years old, and came to South Dakota to learn more about the Native American culture.
[¶ 3.] On August 13, Katinka went to the Pennington County fairgrounds and met Harold Running Bird (Running Bird) and Edna Eagleman (Edna). The three drank beer together and later went shopping for a sleeping bag and tent for Katinka. Katinka also purchased more beer to share with a group of other Native Americans she had met at the fairgrounds. Running Bird, Edna and Katinka returned to the fairgrounds around 11:00 p.m. Shortly thereafter, Running Bird helped Katinka put up her tent. Katinka then placed her belongings in her tent, said goodnight to the group, and went to sleep in her tent.
[¶ 4.] Later in the evening, Running Bird entered Katinka’s tent. She asked him to leave, and he refused, so she left her tent and walked to the restroom. Katinka stayed in the restroom for one half hour to forty-five minutes. When she returned to her tent, her sleeping bag and all of her personal belongings were gone. This included her two backpacks, which contained her coat, wallet, insurance card, railroad pass, bank card, Dutch money, and telephone card.
[¶ 5.] Upon realizing all of her property was gone, she looked up and saw Running Bird coming towards her. Running Bird told Katinka that he and Edna had moved their campsite and packed up Katinka’s belongings. Running Bird then helped Katinka take her tent down, and together they walked to the new campsite, which was down by a creek.
[¶ 6.] As soon as they reached the campsite, Running Bird grabbed Katinka from behind and pushed her into some bushes. Edna then started pushing grass into Katinka’s face. Running Bird threatened Katinka that if she did not obey his commands, he would drown her in the creek. Running Bird then rolled Katinka on her back, pulled up her shirt, and fondled her breasts. He then removed her pants by breaking her zipper. Katinka screamed for help, which resulted in Running Bird hitting her in the left eye with his fist. Running Bird then pushed his finger into her vagina and made unsuccessful attempts to enter her vagina with his penis. Subsequently, Running Bird again violated Katinka with his fingers. After a second unsuccessful attempt to enter her vagina with his penis, Running Bird forced his penis into Katinka’s mouth.
[¶ 7.] Running Bird then turned to Edna who had lain down next to Katinka. He engaged in sexual acts with Edna. Katinka stayed because she was afraid to get up to leave. Running Bird then continued his attack on Katinka by performing oral sex on her. He then violated her vagina with his penis. Katinka described it as being “very painful.

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South Dakota Law