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Death Penalty Off the Table for Dreau Rogers In 2022 SD Murder Of Destiny Rogers
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Thread: Death Penalty Off the Table for Dreau Rogers In 2022 SD Murder Of Destiny Rogers

  1. #1
    Senior Member CnCP Legend Bobsicles's Avatar
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    Death Penalty Off the Table for Dreau Rogers In 2022 SD Murder Of Destiny Rogers

    1350130D-17CB-42B5-AB83-2CAE20CEC5E6.jpg


    Spearfish man facing first degree murder charge

    By Jack Caudill

    A Spearfish man accused of killing his wife over the weekend makes his first appearance in court Monday morning in Deadwood. 33-year old Dreau Rogers is charged with first-degree murder in the shooting death of his wife, 43-year old Destiny Rogers, early Saturday morning in their home on North St. Joe Street in Spearfish.

    The probable cause affidavit in the case says Dreau Rogers called for an ambulance and when they arrived, found Destiny Rogers laying on the living room floor with a gunshot wound, later being pronounced dead at Spearfish Monument Hospital. That affidavit says Dreau told police that Destiny was shot by another man during a verbal argument between that man and Dreau, with Destiny being hit while she was standing behind Dreau. Police say they interviewed the other man and say he had an alibi along with text messages and pictures showing he was somewhere else at the time of the shooting. The affidavit says a gun matching the caliber used in the shooting was found hidden in Dreaus backyard and ammunition matching the caliber was found in the kitchen along with bags of methamphetamine, heroin and fentanyl pills. In court Monday morning, Dreau Rogers asked for bond to be set so he could mourn the death of his wife properly and says he wants to be a part of her funeral. Fourth Circuit Magistrate Judge Chad Callahan ordered Rogers to held without bond. He faces the death penalty or life in prison if hes convicted of the murder charge.

    https://www.kotatv.com/2022/01/25/sp...murder-charge/
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  2. #2
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    Rogers will not face death penalty in wife’s death

    By Mark Watson, Black Hills Pioneer

    SPEARFISH — A Spearfish man accused of murdering his wife will not face the death penalty.

    Lawrence County State’s Attorney John Fitzgerald filed with the court March 16 stating that the state will not seek the death penalty on the first-degree murder charge against Dreau Lester Rogers, 33.

    “The grounds and reasons for the State’s election are that evidence of the existence of aggravating circumstance(s) set forth in SDCL 23A-27A-1 cannot be proved beyond a reasonable doubt,” Fitzgerald wrote in his filing.

    That section of state law involves mitigating and aggravating circumstances considered by judge or jury. Fitzgerald said the state still intends to pursue the first-degree murder charge which, if convicted he is convicted, carries a mandatory minimum sentence to life in prison without the possibility of parole.

    Police allege that Rogers shot his wife, Destiny Dawn Rogers, 43, Jan. 22, before calling an ambulance and later accusing another man of the crime.

    He is being held in the Lawrence County Jail without bond.

    • On Feb. 24 Fourth Circuit Court Judge Michelle Comer recused herself following the defense’s request.

    Comer said she does not normally recuse herself from cases.

    “But I know Dreau Rogers very well from drug court,” she said. Additionally, Comer acknowledged that she is familiar with the alleged victim’s family. Based on her past experience with Rogers in drug court and her past interactions with the alleged victim’s family, Comer said she does not believe she can be impartial in the case.

    • On Feb. 28 Fourth Circuit Court Presiding Judge Michael Day assigned Judge Eric Strawn the case.

    • On March 11, Fitzgerald sent a letter to Strawn requesting him recuse himself from presiding over the case as he presided over two felony criminal cases involving Destiny Rogers before her death. As such, Fitzgerald wrote, “Based upon the evidence likely to be presented at trial, your knowledge of Ms. Rogers’ case and her relationship as a Defendant in your court in the past. I believe it would be best to have another judge assigned.” Fitzgerald filed a formal affidavit the same day.

    • Day agreed and filed an order of recusal on March 14. He is now the judge of record on the case.

    • Two days later, Rogers’ own court-appointed attorney requested that the court allow him to withdraw as Rogers’ attorney, “on the grounds of breakdown between attorney and client relationship.”

    • Day approved the request and assigned Robert Rohl, of Johnson Eiesland & Rohl, of Rapid City, as the defense attorney.

    • On March 17, the court found that Rogers is indigent and financially unable to obtain counsel and then Rohl requested the court authorize up to $5,000 to hire RO Investigation and Research, LLC, to assist the defense in investigation matters as it would be more cost effective than having the defense counsel conduct the necessary interviews and investigations in the case.

    An evidentiary hearing was set for March 31.

    According to court documents, on Feb. 22, Spearfish police responded to a 911 call at 12:48 a.m. requesting an ambulance to 713 St. Joe St., but no further details were relayed. The caller was later identified as Dreau Rogers.

    Spearfish police Cpl. Aaron Jurgensen and officer Hunter Bradley responded. Upon their arrival to the house, which police records show is the residence of both Dreau and Rogers and Destiny, they learned there was a female victim suffering from a gunshot wound. They discovered Destiny on the living room floor. Bradley began life-saving measures. She was later transported to Spearfish Monument Health, where she was pronounced dead.

    While discussing the incident with police, Dreau accused another man of shooting Destiny. While that other man was named in court documents, the Pioneer is not publishing his name at this time. Dreau said that he and that man had gotten into an argument in the Rogers’ house, and the other man fired a single shot at him from a pistol while Destiny was standing behind Dreau. He alleged the other man fled the home.

    A single .45 caliber bullet casing was in the living room where Destiny was located.

    According to the court reports, Spearfish police Detective Sgt. Shawn Fox and Lawrence County Sheriff’s Lt. Tom Derby met with and interviewed the other man. They learned that he had an alibi corroborated by text messages and time-stamped photos apparently proving that he had been elsewhere during the time of the shooting. Court documents state that search warrants were obtained from both the other man’s residence as well as the Rogers’ home. “No items to substantiate a homicide were found” at the other man’s residence; however, at the Rogers’ residence, a .45 caliber gun was allegedly found hidden in the backyard, and .45 caliber ammunition “that matched the caliber and look of the shell casing left behind” was located in the kitchen area. Sgt. Steve Hofmann wrote in court documents that Dreau allegedly admitted that his DNA would be on the firearm; however, he alleged the other man owned the gun and maintained that the other man was the one who fired the shot.

    During the search of the Rogers’ residence, police allegedly located approximately 15 individual bags of methamphetamine, one bag of heroin, and two bags suspected to contain fentanyl pills.

    Dreau was arrested that afternoon.

    He was charged with first-degree murder, a Class A felony punishable by up to death, and if convicted, he faces a minimum sentence of life in prison; alternately, he was charged with second-degree murder, a Class B felony punishable by life in prison; additionally he was charged with possession of a firearm while being a convicted felon, a Class 6 felony punishable by up to two years in prison; possession of a firearm with an altered serial number, also a Class 6 felony; two counts of committing a felony while carrying a firearm, a Class 2 felony, punishable by up to 25 years in prison; two counts possession of a controlled drug or substance — Schedule I or II, specifically methamphetamine and heroin, a Class 5 felony punishable by up to five years in prison; possession of a controlled drug or substance with the intent to distribute, a Class 4 felony, punishable by up to 10 years in prison; and unauthorized ingestion of a controlled drug or substance — Schedule I or II, specifically methamphetamine, also a Class 5 felony.

    He also faces previous charges.

    https://www.bhpioneer.com/local_news...2762d51e4.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesnt even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    Im going to the ghost McDonalds - Garcello

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