Man Convicted In Rapid City Shooting Death Appealing

Rapid City Homicide-Appeal

A man convicted of manslaughter in a fatal shooting in a Rapid City motel parking lot two years ago is appealing his conviction.

The attorney for Charles Birdshead told the South Dakota Supreme Court on Wednesday that errors during the trial including bad jury instructions were “profound, pervasive and prejudicial.”

Assistant Attorney General Craig Eichstadt argued that Birdshead’s use of an illegal sawed-off shotgun to defend himself was reckless and met the standards for a manslaughter conviction.

Birdshead was convicted in the Jan. 7, 2013, killing of 33-year-old Eustacio Maruffo, and sentenced to 45 years in prison. Birdshead said he acted in self-defense when attacked by Maruffo and another man.

Supreme Court justices will rule later.