Homer Rough Surface was surprised to learn that the man who raped and killed his mother 39 years ago was granted parole in an April hearing:
“Nobody contacted me about it, not even the court or anything,” Rough Surface said in a phone interview Thursday evening. He said he was never informed that a parole hearing had been scheduled for Scherr. Rough Surface said he was a teenager when he attended a previous parole hearing for Scherr.
“As far as I remember when I went to court as a teenager, it sounded like he wouldn’t even have a chance of parole,” Rough Surface recalled. He was in disbelief that Scherr would be released from prison.
“Growing up without parents, no sibling — that was like one of the worst things in the world — not having anyone to turn to. Trying to cope with stuff like that and having to go to court when I was 14 — that was probably one of the hardest things I’ve ever went through was having to see him in court,” Rough Surface said.
“To not even be notified, it seems that I should have had some kind of warning so I could prepare for something like this. I’d hate to be walking down the street …” Rough Surface said without finishing the sentence [Shannon Marvel, “Mobridge Man Convicted of 1980 Rape, Murder Granted Parole {paywall},” Aberdeen American News, 2019.05.03].
Sure, Mr. Rough Surface, you should have… but thanks to Marsy’s Fix, G. Mark Mickelson’s voter-approved revision of Marsy’s Law, your right to be notified of your mom’s killer’s release was watered down with an opt-in provision. Sure, you have a “right” to ask for such notice, but only “upon request.”
I represented Mobridge in the legislature when this crime was solved and the trial was held in1995. The local paper covered the trial and reported that the murderers hooked a chain around the body and dragged Candace Rough Surface to the spot where they buried her. They showed extreme indifference to another human being and Nicholas Scherr showed no remorse at the time of the trial. I am amazed that he is granted parole 23 years into a 100 year sentence.
No notification for Mr. Rough Surface is really unfair. He should not be traumatized that way. Horrible. Her murderers are clearly depraved.
I think a large part of the explanation can be found in the victim and her son’s last name. Anyone at all in the native community can tell you with what little regard or concern the criminal justice system in this state has for them, including as crime victims, and especially if they’re crime victims at the hands of non-natives.
Yeah. And that stinks even more.
I have read many manslaughter cases to contrast against my nephew’s manslaughter sentence, (Joaquin J Ramos) and these are the most extreme:
1 – Douglas Schoulten – Sentence: Zero days
2 – Bill Janklow ——— Sentence: 100 days
3 – Robert L Slee ——- Sentence: 1 year
4 – Albert Lewis ——– Sentence: 3.5 years
5 – Nicholas Scherr —- Sentence: 23 years
6 – Joaquin J Ramos — Sentence: 150 years
Manslaughter sentencing reform must be made in South Dakota…it is a mess.
At the next parole hearing I expect Joaquin Ramos to also be approved for parole. If Nicholas Scherr can be paroled for his intentional and deliberate killing then Joaquin Ramos can be paroled for his unintentional and accidental killing.
Justice must be served through fairness.