John Fitzgerald for Attorney General
Others Talk About Protecting Freedom and Justice in South Dakota.
One Man Has Actually Done It.
John is a 1977 graduate of Black Hills State University and a 1979 graduate from the University of South Dakota Law School. John has been a practicing attorney in South Dakota since 1980.
John was the Butte County State's Attorney from 1981-1995 and a Deputy State's Attorney in Lawrence County from 1990-1995. In 1995 John became the Lawrence County State's Attorney and has been serving Lawrence County ever since.
John is a working State's Attorney who spends countless hours in the courtroom prosecuting felony cases, abuse and neglect proceedings, as well as juvenile cases. John is an experienced trial lawyer having successfully tried over 250 jury trials, including capital murder, rape, robbery, burglary, arson, kidnapping, distribution of controlled substances, and just about every other crime imaginable.
John is the former Chairman for the Butte County Republican Central Committee and the former Vice-Chairman of the Lawrence County Republican Central Committee. He was awarded the prestigious award of Prosecutor of the Year for 2012. In May of 2016, State's Attorneys from every county in South Dakota unanimously elected John as Vice President of the South Dakota State's Attorneys Association.
John and his wife, Mary, have three adult children. All three children are graduates from Black Hills State University and the University of South Dakota Law School. John and Mary also have five grandchildren; Ayden, Evy, Pearl, Erabella, & Penny.
Trial Record
Because Experience Matters
John Fitzgerald has tried hundreds of jury trials.
Here is a list of the crimes tried:
Capital Murder
1st Degree Murder
1st Degree Felony Murder
2nd Degree Murder
Attempted Murde
1st Degree Manslaughter
2nd Degree Manslaughter
Vehicular Homicide
Vehicular Battery
Kidnapping
Parental Kidnapping
1st Degree Rape
2nd Degree Rape
3rd Degree Rape
Attempted Rape
Sexual Contact with a Child Under 16
Failure of Convicted Sex Offender to Register
Indecent Exposure
Child Abuse
Elder Abuse
Aggravated Assault
Simple Assault
Simple Assault on Law Enforcement
Causing Bodily Fluids to Come in Contact with a Correction Officer
Threatening a Constitutional Officer
Commission of a Felony while Armed with a Firearm
Possession of a Concealed Weapon
Shooting a Firearm at an Occupied Vehicle
Eluding Law Enforcement
Making a False Bomb Threat
Habitual Offender
1st Degree Robbery
2nd Degree Robbery
Arson
Burning to Defraud an Insurance Company
Grand Theft
Aggravated Grand Theft Over $100,000
Grand Theft by Embezzlement
Grand Theft by Deception
Grand Theft from a Disabled Adult
Grand Theft by NSF Check
Theft of a Controlled Substance
Petty Theft
Identity Theft
Destruction or Sale of Mortgaged Property
1st Degree Burglary
2nd Degree Burglary
3rd Degree Burglary
Attempted Burglary
Forgery
Perjury
Distribution of a Controlled Substance (Methamphetamine)
Distribution of a Controlled Substance (Cocaine)
Possession of a Controlled Substance
Ingestion of a Controlled Substance
Obtaining a Controlled Substance by Forgery
Distribution of Marijuana
Conspiracy to Distribute Over 1 lb. of Marijuana
Possession of More than 10 lbs. of Marijuana
Possession of 1-10 lbs. of Marijuana
Possession of Marijuana Less Than 2 oz.
Distribution of Drug Paraphernalia
Felony Intentional Damage to Property
Driving Under the Influence (Misdemeanor)
Driving Under the Influence (Felony)Prosecutor of the Year
Cold Cases
Prosecuting A Cold Case Murder
The Murder of David Rose
In 2002 John Fitzgerald prosecuted one of South Dakota’s oldest unsolved murders that occurred in Lawrence County. David Rose was beaten to death on Mount Roosevelt, near the outskirts of Deadwood in 1982. Twenty years later using the most advanced fingerprint technology available, Lawrence County Sheriff’s Detective Brian Dean (now Sheriff) and Detective Randall Rosenau (retired) received a match from the FBI to a fingerprint on a beer can left at the crime scene. The fingerprint came back to Fred Alan Bates (AKA Thomas John Dalton Bates).
Bates was subsequently arrested by the US Marshals in Illinois. Bates later entered a guilty plea to first degree manslaughter and was sentenced to 60 years in prison. The cable television channel A&E featured this case on their program “Cold Case Files.”
Working together with law enforcement as a team, Fitzgerald and law enforcement were able to dust off an old file and solve a cold case homicide using ever evolving technology. This brought closure to David Rose’s family and held Bates accountable for the crime he committed.
Lawrence County Cold Case
Lawrence County has a cold case murder that still needs to be solved. February 19, 2000, two trappers found skeletal remains in a remote area four miles north of St. Onge. The remains were located under two seven foot planks. Forensics indicated that the unidentified man was murdered sometime in the fall of 1999. The cause of death was multiple gunshot wounds.
In July of 2015, Lawrence County State’s Attorney John Fitzgerald and Attorney General Marty Jackley with the assistance of new technology, made public 3-D images of what the unidentified man looked like prior to his death. Jackley and Fitzgerald had hoped that someone would recognize the man and bring new life to the investigation in an effort to solve this unsolved murder.
Fitzgerald has said, “it is the obligation of the living to speak for those whose voices have been silenced by murder.”
Law enforcement authorities believe the victim was 20-25 years old, 5’7” inches tall, had dark hair, and was of mixed race with Native American ancestry. Additionally, the victim had a pronounced overbite and may have walked with a limp or had a slight bend to his back due to possible back problems. The victim was found wearing an XL size Bill Blass brand lightweight jacket, green in color with purple horizontal stripes; an XL size Brittania brand short sleeved shirt with purple and blue stripes; Wrangler brand blue jeans; a belt with buckle; size 30 “Stubbies” swimming trunks, tan in color; Hanes brand white underwear, and size 9 Spalding tennis shoes.
To this day, this murder remains unsolved. If anyone has any information in regard to this unsolved murder, please contact theLawrence County Sheriff’s Office at 605-578-2230.
Frequently Asked Questions
What Motivated You to Become a Prosecuting Attorney?
My father, John E. Fitzgerald, a lawyer in Boston, Massachusetts was nearly murdered by the mafia in a car bombing when I was twelve years old. My father lost his right leg as a result of the bombing. The silver lining is my family relocated to South Dakota and this event motivated me to become a prosecuting attorney. I work to protect the rights of victims. Violent criminals should be locked up to protect the innocent and the community. We need to emphasize protecting victims, and our community, and less concern for the rights of criminals
Why does law enforcement strongly support you?
Working as a full-time working States Attorney, I share a common goal with law enforcement of keeping the public safe. Working together is integral in building a successful team. We have children, grandchildren, friends, and family residing in our community. Together we share a vested interest in keeping our community a safe and desirable place to live, work, and raise families. As a team, we work with state and federal law enforcement agencies to solve crimes. By working together as a team, we have been able to achieve an overall conviction rate of approximately 90% in Lawrence County. As a cohesive unit we are currently battling the influx of methamphetamine and heroin in Lawrence County along with the multitude of crimes associated from drug menace.
Law enforcement understands the serious nature of their profession. They want an experienced and skilled prosecutor in charge. As the Lawrence County States Attorney I have built a reputation as a tough but fair prosecutor with my years of experience and hundreds of successful trials. I have been a successful team leader with proven results.What are the most important issues that need to be addressed in South Dakota communities?
All communities in South Dakota suffer from the crimes and effects associated with hard drugs. We need to strengthen the deterrent effect of our criminal sanctions. Laws now mandate probation for felony crimes like possession of methamphetamine and heroin, third degree burglary, grand theft, repeated third and fourth drunk driving offenses. As a result, this has taken a judge’s sentencing discretion away and has made law enforcement’s job much more difficult.
The Campaign Trail
Don Ackerman, Sr
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Photos
John with officers from the Whitewood Police Department at the D.A.R.E. Graduation.
Upcoming Events
Beadle County Lincoln Day Dinner
Saturday, February 17th- Huron, SD
Yankton County Lincoln Day Dinner, April 12th
Paid for by the Committee to Elect Fitzgerald Attorney General, Spearfish, SD
