Justin Poor Bear at his home in Allen, South Dakota. Photo courtesy Justin Poor Bear
Poor Bear speaks out says: ‘I saw what I saw’
By Richie Richards
Native Sun News Staff Writer RAPID CITY –– Many American Horse School (AHS) family members feel city attorney, Joel Landeen, failed to represent them properly in the disorderly conduct trial against Trace O’Connell, including AHS parent-chaperone Justin Poor Bear. Native Sun News interviewed Justin Poor Bear about the evening of Jan. 24, 2015. It was Poor Bear who posted a general message on Facebook to parents of the 50 AHS students in the early morning hours of Jan. 25 following the aborted field trip to the Rush Hockey Game. It was also Poor Bear, a man of humble stature, who stood up to protect the children by yelling up to the unruly guests in the Eagle Sales box suite, “Who the f**k spilled beer on these kids?!” The first AHS student to testify during the O’Connell trial was Brendon Poor Bear, 10, Justin’s son. “We were nervous about the trial and testifying. But Brendon told us, ‘I wanna testify cause I wanna tell the truth about what happened to us. Those men are lying, I saw what I saw,’” said Brendon. Brendon approached the witness table and stood his ground even when defense attorney, Michael Butler, tried to rattle his testimony. During detective interviews, Brendon positively identified O’Connell as the person throwing beer but referred to his facial hair as “orange.” Butler used the “orange” reference to his advantage when trying to confuse Brendon. This defense-tactic failed as Brendon stuck to his story of what he seen and heard at the Rush Hockey game. When asked why Justin Poor Bear did not take the stand, he was originally told by city attorney, Joel Landeen, “The only one who will testify is your son, because you didn’t actually see anything.” On day one of the trial, Justin Poor Bear was handed a subpoena from the defense and was ordered to be sequestered in the witness room with others. Though not called to the stand, Justin says, “I wanted to testify. I was very upset about what happened with me and Trace.” Justin feels the men from Phillip lied during their detective interviews and during their testimony. “They changed their stories so much. For one, it wasn’t back-to-back from the National Anthem to the Pink in the Rink honoring that woman with cancer. The anthem happened before the first period. And pink in the rink took place before the second period.” Immediately after the alleged beer spilling took place and asked by Justin who was responsible, O’Connell replied, “Well get up here and do something about it.” According to Justin, “They (suite box guests) all kind of stood up. They knew what was happening. Lots of audience members stood up too.” This was happening as Consuelo Means was looking for security and staff for help. After not being able to find someone, Means made the decision to leave. This was in the third period during the most exciting moments of the game. After the confrontation with O’Connell and the students were evacuating, Justin says the Phillip fans “celebrated when we were leaving, like a victory party.” The men from Phillip felt accomplished for the children leaving, according to Justin. “They were passing beer down below to people from the suite,” said the chaperone. When asked about the ride home in the AHS bus, Justin said one young lady “cried all the way home cause it was her birthday that day. And she was excited to be at the game. Our bus was quiet. They (students) were sitting there, like stunned.” This student, according to Justin, “Hasn’t been the same since. She has been withdrawn. I think she is experiencing PTSD.”
Families wait outside the Performing Arts Center in Rapid City, South Dakota, where the Trace O'Connell trial was held. Photo by Richie Richards
“Even the parents are having PTSD. When we go to the parent meetings, some parents tell us with tears in their eyes, ‘Our kids are crying from having nightmares,’” said Justin. He claims some don’t want to even come back to Rapid City, and “are afraid of going on field trips now.” According to Justin Trace O’Connell did not reach out to AHS to apologize as his friend testified to. “He didn’t call American Horse School. That’s kind of lie.” He said security at AHS would be able to verify if they called to “apologize.” In the time since Jan. 24, the families and children have been attending forms of counseling, Lakota spiritual ceremonies, and programs designed to get them to talk about their experience. During this interview, Justin reiterated many times, that he only represents his own opinions and viewpoints. When asked how justice would be served in his eyes, he said, “I would like a guilty verdict. At the time, these gentlemen were drunk. They don’t remember what happened.” Besides a guilty verdict, Justin wants the men from Phillip to “man-up and apologize to the kids and families for the traumatic experience they put them through. They are guilty. They are guilty of lying. They need to admit their guilt.” If he has an alcohol problem, he needs help,” he says of O’Connell. After the trial was over, while families lingered outside of the temporary courtroom, Justin said deputies escorted O’Connell’s family and friends out of the building. “We had no intentions of going to fight. I just think this is a continued form of racial profiling. Just because we’re Natives, don’t mean we’re going to fight.” In closing, Justin said, “This is not about money. We don’t want money. I have to carry a lot of anger. As a praying man, it’s hard to have balance. It’s hard to live with anger. You believe justice will be equal for everybody, but right now I don’t know what to believe.” Justin Poor Bear did not choose to become a central figure in this incident, but as a chaperone that evening, he was placed in a role as a “protector of those children” and continues to stand by his convictions and decisions. (Contact Richie Richards at staffwriter@nsweekly.com) Copyright permission Native Sun News
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