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State of South Dakota v. Arnson Absolu
Date: 10-30-2024
Case Number: 30353
Judge: Robert Gusinsky
Court: Circuit Court, Seventh Judicial Circuit, Pennington County, South Dakota
Plaintiff's Attorney: Pennington County, South Dakota State's Attorney's Office
Defendant's Attorney:
Click Here For The Best Rapid City Criminal Defense Lawyer Directory
Description:
A jury convicted Arnson Absolu of three counts of first-degree murder. Absolu moved for a new trial after discovering undisclosed information about a State witness. The circuit court denied the motion. Absolu appeals, arguing the court erred when it denied the motion for new trial because, he asserts, the State's failure to provide the information was a denial of due process and a violation of the court's pretrial discovery order.
In the evening hours of August 24, 2020, Rapid City police officers responded to a call from a Thompson Park area resident who had heard several gunshots. Once at the park, officers observed a parked Chevrolet Tahoe SUV inside of which were two individuals with apparent gunshot wounds.
In the passenger seat was a man who would later be identified as charles Red Willow. He had suffered multiple gunshot wounds and appeared to be deceased. A female in the driver seat, later identified as Ashley Nagy, was breathing but had suffered a traumatic gunshot wound to her head. Emergency medical responders determined that Nagy was exhibiting what is known as agonal breathing and could not be saved.[1] As one emergency medical responder grimly described it, "She was dead, her body just didn't know it yet." Law enforcement officers took immediate action to preserve the crime scene.
Detectives began their investigation without any apparent suspects or witnesses. However, after collecting video surveillance from surrounding homes and businesses, the detectives were able to identify a dark-colored Chevrolet Malibu that had driven near Thompson Park. The video showed two males getting out of the vehicle, walking towards the parked Tahoe, and then running back to the Malibu. One of the men was African American and appeared to be wearing white shoes. The other man was Caucasian and was wearing a red shirt.
In the initial phase of the investigation, detectives began to search for the dark-colored Chevrolet Malibu in the Rapid City area and, on a hunch, they decided to focus on two rental vehicles that were owned by Casey's Auto. The detectives learned that on the morning of the shootings, one of the Malibus had been rented by a man named Arnson Absolu. Surveillance footage from Casey's Auto that morning revealed that Absolu's appearance was generally consistent with one of the men depicted in the park video surveillance-an African American male wearing white shoes. The detectives were also told that the Malibu Absolu rented was fitted with a global positioning system, or GPS, device that was programmed to record the vehicle's location every 12 hours and could also be activated, or "pinged," to locate the vehicle in real time.
Detectives learned more about Absolu from interviews with Red Willow's associates. Red Willow was a known heroin dealer in the area, and the detectives quickly concluded that the common link between Red Willow, Nagy, and Absolu was the local drug trade. Interviews with Red Willow's associates revealed that Absolu was from New York and came to Rapid City to sell fentanyl-laced heroin, known as "China White," using local dealers. Red Willow had a reputation for not paying his debts, and it was rumored that he owed Absolu a substantial amount of money for drugs and that Absolu had threatened Red Willow because of the debt.
Shortly after the shootings, it appeared that Absolu had traveled back to New York in the rented Malibu based upon information relayed by the car's GPS tracker. Detectives continued to monitor Absolu's location along the east coast as they continued their investigation, which ultimately led them to conclude that Absolu had murdered Red Willow and Nagy. With the assistance of the New York City Police Department (NYPD), Absolu was arrested on September 9, 2020, and transported back to South Dakota by Rapid City Police Department detectives.
In Absolu's rented Malibu, NYPD officers found a 9mm black semi- automatic pistol, heroin, and Absolu's cell phone. Text messages found on Absolu's phone revealed he had negotiated for the purchase of the 9mm gun and also a .40 caliber black and silver Smith & Wesson pistol that resembled a handgun later discovered by a South Dakota School of Mines student in a creek near the Rapid City fairgrounds. Officers also observed damage to the undercarriage of the rented Malibu.
State v. Absolu, 2024 S.D. 66, 30353-a-MES (S.D. Oct 30, 2024)
Rapid City, South Dakota criminal defense lawyer represented the Defendant charged with murder.
A jury convicted Arnson Absolu of three counts of first-degree murder. Absolu moved for a new trial after discovering undisclosed information about a State witness. The circuit court denied the motion. Absolu appeals, arguing the court erred when it denied the motion for new trial because, he asserts, the State's failure to provide the information was a denial of due process and a violation of the court's pretrial discovery order.
In the evening hours of August 24, 2020, Rapid City police officers responded to a call from a Thompson Park area resident who had heard several gunshots. Once at the park, officers observed a parked Chevrolet Tahoe SUV inside of which were two individuals with apparent gunshot wounds.
In the passenger seat was a man who would later be identified as charles Red Willow. He had suffered multiple gunshot wounds and appeared to be deceased. A female in the driver seat, later identified as Ashley Nagy, was breathing but had suffered a traumatic gunshot wound to her head. Emergency medical responders determined that Nagy was exhibiting what is known as agonal breathing and could not be saved.[1] As one emergency medical responder grimly described it, "She was dead, her body just didn't know it yet." Law enforcement officers took immediate action to preserve the crime scene.
Detectives began their investigation without any apparent suspects or witnesses. However, after collecting video surveillance from surrounding homes and businesses, the detectives were able to identify a dark-colored Chevrolet Malibu that had driven near Thompson Park. The video showed two males getting out of the vehicle, walking towards the parked Tahoe, and then running back to the Malibu. One of the men was African American and appeared to be wearing white shoes. The other man was Caucasian and was wearing a red shirt.
In the initial phase of the investigation, detectives began to search for the dark-colored Chevrolet Malibu in the Rapid City area and, on a hunch, they decided to focus on two rental vehicles that were owned by Casey's Auto. The detectives learned that on the morning of the shootings, one of the Malibus had been rented by a man named Arnson Absolu. Surveillance footage from Casey's Auto that morning revealed that Absolu's appearance was generally consistent with one of the men depicted in the park video surveillance-an African American male wearing white shoes. The detectives were also told that the Malibu Absolu rented was fitted with a global positioning system, or GPS, device that was programmed to record the vehicle's location every 12 hours and could also be activated, or "pinged," to locate the vehicle in real time.
Detectives learned more about Absolu from interviews with Red Willow's associates. Red Willow was a known heroin dealer in the area, and the detectives quickly concluded that the common link between Red Willow, Nagy, and Absolu was the local drug trade. Interviews with Red Willow's associates revealed that Absolu was from New York and came to Rapid City to sell fentanyl-laced heroin, known as "China White," using local dealers. Red Willow had a reputation for not paying his debts, and it was rumored that he owed Absolu a substantial amount of money for drugs and that Absolu had threatened Red Willow because of the debt.
Shortly after the shootings, it appeared that Absolu had traveled back to New York in the rented Malibu based upon information relayed by the car's GPS tracker. Detectives continued to monitor Absolu's location along the east coast as they continued their investigation, which ultimately led them to conclude that Absolu had murdered Red Willow and Nagy. With the assistance of the New York City Police Department (NYPD), Absolu was arrested on September 9, 2020, and transported back to South Dakota by Rapid City Police Department detectives.
In Absolu's rented Malibu, NYPD officers found a 9mm black semi- automatic pistol, heroin, and Absolu's cell phone. Text messages found on Absolu's phone revealed he had negotiated for the purchase of the 9mm gun and also a .40 caliber black and silver Smith & Wesson pistol that resembled a handgun later discovered by a South Dakota School of Mines student in a creek near the Rapid City fairgrounds. Officers also observed damage to the undercarriage of the rented Malibu.
State v. Absolu, 2024 S.D. 66, 30353-a-MES (S.D. Oct 30, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of South Dakota v. Arnson Absolu?
The outcome was: Affirmed
Which court heard State of South Dakota v. Arnson Absolu?
This case was heard in Circuit Court, Seventh Judicial Circuit, Pennington County, South Dakota, SD. The presiding judge was Robert Gusinsky.
Who were the attorneys in State of South Dakota v. Arnson Absolu?
Plaintiff's attorney: Pennington County, South Dakota State's Attorney's Office. Defendant's attorney: Click Here For The Best Rapid City Criminal Defense Lawyer Directory.
When was State of South Dakota v. Arnson Absolu decided?
This case was decided on October 30, 2024.