FILED

TNJUDICIAL CIRCUIT COURT
AT HOT SPRINGS. SD

 

STATE OF SOUTH DAKOTA IN CIRCUIT COURT
SS. SEP 1 5 2017
COUNTY OF FALL RIVER SEVENTH JUDICIAL CIRCUIT
By: .
STATE OF SOUTH DAKOTA File No: CR1 ILL

Plaintiff, COUNT l: C-A-FEL 
COUNT 2: C-B-FEL MAND. 
COUNT 3.- 15/30
vs. 
INDICTMENT FOR
THOMAS P. LUCERO, JR, 
COUNT 1: FIRST DEGREE MURDER
Defendant. COUNT 2: SECOND DEGREE MURDER
COUNT 3: AGGRAVATED ASSAULT

THE FALL RIVER COUNTY GRAND JURY CHARGES:

COUNT 1: That on or about the 11"1 day of January, 2017, in the County of Fall
River, State of South Dakota, THOMAS P. LUCERO, JR, did commit the public offense of
FIRST DEGREE MURDER in that he did, without authority of law, and with a premeditated
design to effect the death of Moses Dubray, or any other human being, kill Moses Dubray, in
violation of SDCL 22-16-40), OR '1 

IN THE ALTERNATIVE:

COUNT 2: That on or about the 11?? day of January, 2017, in the County of Fall
River, State of South Dakota, THOMAS P. LUCERO, JR., did commit the public offense of
SECOND DEGREE MURDER in that he did, by an act imminently dangerous to Others and
evincing a depraved mind, without regard for human life, without any premeditated design to
effect the death of any particular person, kill Moses Dubray, in violation of SDCL 22-16-7, 5

AND:

COUNT 3: That on or about the 11"1 day Of January, 2017, in the County of Fall River,

State of South Dakota, THOMAS P. LUCERO, JR., did commit the public offense of

AGGRAVATED ASSAULT in that he did attempt by physical menace with a deadly weapon,
to wit: a ?rearm, to put another, to wit: C.I. #17-2141, in fear of imminent serious bodily harm,
in violation of SDCL and 7 
contrary to statute in such case made and provided against the peace and dignity of the
State of South Dakota.

Dated this /5A"day of September, 2017, at Hot Springs, Fall River County, South

Dakota.

4 mar; 6'44?
TRUE 

 

THIS INDICTMENT IS MADE WITH THE CONCURRENCE DE AT LEAST SIX GRAND

JURORS. A 

GRAND JURY FOREPERSON

WITNESSES WHO TESTIFIED BEFORE THE GRAND JURY IN REGARD TO THIS
INDICTMENT.

Agent Scott Dirkes 1353,}?
CL #17-2141 
Pennington County Deputy Sheriff Robert Schoeberl 

STATE OF SOUTH DAKOTA 
SS. NOTICE OF DEMAND FOR
COUNTY OF FALL RIVER ALIBI DEFENSE

l, Gina S. Nelson, Prosecuting Attorney in the above matter, hereby state that the alleged
offense was committed on or about January 1 l, 2017, within Fall River County, South Dakota. I
hereby request that the Defendant or his/her attorney serve upon me a written notice of his
intention to offer a defense of alibi within ten (10) days as provided in SDCL 23A-9-1. Failure
to provide such notice of alibi defense may result in exclusion of an ?mony pertaining to an
alibi defense. .

  
 
 

 

  

ecuting Attorneyw

STATE OF SOUTH DAKOTA 
SS. REQUEST FOR ARREST WARRANT
COUNTY OF FALL RIVER 

1, Gina S. Nelson, Prosecuting Attorney in the above matter do hereby request an Arrest
Warrant to be issued against the above Defendant, THOMAS P. LUCERO, JR.

Dated this Sday of September, 2017.

a scouting Attorney

THIS FILE HAS BEEN ASSIGNED TO THE HONORABLE:

Err/?4 3.224: 11/;d