Sentencing for a Porcupine man convicted in a drunken driving crash that killed a family on the Pine Ridge Indian Reservation has been delayed because he tested positive for marijuana.
The Rapid City Journal reports that U.S. District Judge Jeffrey Viken said during Friday’s hearing he would not go through with sentencing for Tyler Makes Him First due to the risk of an appeal. Viken said a defendant on drugs could claim not to understand his or her rights.
Makes Him First pleaded guilty to involuntary manslaughter for the 2017 crash that killed 42-year-old Waylon Red Elk Sr.; his pregnant wife, 34-year-old Jaylene Pretends Eagle; and their son, 1-year-old Waylon Red Elk Jr.
Makes Him First was ordered to jail for violating conditions of his release.