Richard Marshall, a member of the Oglala Sioux Tribe, will go to trial on October 6 for the murder of American Indian Movement activist Anna Mae Pictou Aquash.

Federal prosecutors say Marshall provided the gun that was used to kill Aquash on the Pine Ridge Reservation in December 1975. But the man who allegedly shot Aquash won't be tried in federal court because he isn't "Indian," the 8th Circuit Court of Appeals ruled last week.

Marshall was going to be tried with John Graham, a Native man from Canada, until the charges were dismissed against Graham. Marshall's attorney had asked for a separate trial.

Graham could still be charged in state court with Aquash's murder. Aquash was Mi'kmaq from Canada.

Get the Story:
Trial date set for suspect in 1975 AIM killing (AP 8/4)

Related Stories:
Appeals court dismisses charge in Aquash case (7/28)
Aquash murder defendant seeks separate trial (7/22)
Aquash murder trial delayed until appeal resolved (5/6)
Hearing scheduled for Aquash murder defendants (5/5)
Case against Aquash murder defendant coming apart (5/1)
Judge rejects probe into BIA informant claim (4/30)
Trial for Aquash murder defendants set to begin (4/27)
8th Circuit hears Indian status appeal in Aquash case (8/16)
Aquash murder defendant seeks release until trial (4/10)
BIA official's link to informant raised in Aquash case (4/1)
8th Circuit to hear appeal in Aquash murder case (3/23)
Trial for Aquash murder suspects delayed again (3/3)
U.S. Attorney opposes separate Aquash trials (12/16)
Aquash murder defendant seeks separate trial (12/1)
Prosecutors seek to bolster Aquash murder case (11/11)
Prosecutors defend charges in Aquash murder case (11/3)
Aquash murder defendant raises 'Indian' issue (10/27)
Trial for Aquash murder delayed to February 2009 (10/20)