The story of Wesley Bad Heart Bull, an Oglala Sioux man born on June 10, 1952, and tragically murdered on January 27, 1973, is a poignant reminder of the racial tensions and injustices faced by Native Americans in the United States during the late 20th century. His death, occurring just weeks before the Wounded Knee Occupation, ignited a firestorm of protest and became a rallying cry for the American Indian Movement (AIM), highlighting the disparities in the justice system and the ongoing struggles for Native American rights.
Early Life and Family
Wesley Charles Bad Heart Bull was born on the Pine Ridge Indian Reservation in South Dakota. He was part of a large family, the middle brother to Verlyn Dale "Butch" Bad Heart Bull (born July 14, 1949) and Vincent Eli Bad Heart Bull, Jr. (born March 9, 1955). He was also an older brother to Trina Lynn Bad Heart Bull (born January 5, 1959), Henry Gerald Bad Heart Bull (born May 18, 1957), Imogene "April" Bad Heart Bull (born April 7, 1961), Julie Ann Bad Heart Bull (born May 24, 1964), and Jamie Merle Bad Heart Bull (born September 30, 1966), who was also his half-brother and first cousin. This complex family structure arose after Sarah, Wesley’s mother, divorced Vincent Sr. and later married her brother-in-law, Matthew "Kayo" Bad Heart Bull.
According to Fall River County Sheriff Jack Manke, Wesley Bad Heart Bull had a record of 19 arrests in the two years leading up to his death. These arrests included charges of assault on a police officer, and he had previously been jailed in Custer, Hot Springs, and Hill City on charges related to assault, disturbing the peace, and public intoxication. While these incidents offer a glimpse into a troubled past, they do not diminish the injustice of his murder or the subsequent legal proceedings.
The Murder in Buffalo Gap
The events leading to Wesley Bad Heart Bull’s death remain shrouded in conflicting accounts. On January 27, 1973, he went to Bill’s Bar in Custer, South Dakota. It was in nearby Buffalo Gap that the fatal confrontation with Darrell Schmitz occurred.
According to Custer County authorities, some witnesses claimed that Schmitz acted in self-defense. They alleged that Bad Heart Bull had been harassing patrons at the bar and had used an 18-inch log chain to beat James "Mad Dog" Geary. Schmitz reportedly intervened, attempting to push Bad Heart Bull back with his hand, inadvertently stabbing him with a knife.
However, Robert High Eagle, a witness from Hot Springs, provided a different account, stating that the stabbing was deliberate and unprovoked. High Eagle claimed that Schmitz had earlier declared, "he was going to kill him an Indian." Reportedly, five minutes after this statement, and in front of six witnesses (four White and two Native American), Schmitz stabbed Bad Heart Bull.
Around 2:00 A.M., Wesley Bad Heart Bull lay in the street, bleeding from a knife wound in his chest. He died from blood loss while being transported to a hospital in Hot Springs. Schmitz was arrested three days later and charged with second-degree manslaughter. The Sheriff claimed there was insufficient evidence for a first-degree murder charge. Schmitz was held overnight and then released on a $5,000 bond.
The Injustice of the Charge
The charge of second-degree manslaughter, also known as involuntary manslaughter, was the lowest possible degree of homicide a person could be charged with in South Dakota at the time. This type of charge was often levied against white individuals responsible for the deaths of Native Americans, a fact that fueled outrage among the Sioux and AIM.
Schmitz spent only one day in jail while awaiting his bond to be posted and ultimately received two years of probation for the death of Wesley Bad Heart Bull. This lenient sentence, in stark contrast to the crime committed, served as a stark reminder of the systemic inequalities within the justice system.
The Custer Courthouse Riot
The perceived injustice of the Schmitz case, coupled with a history of similar incidents where white perpetrators received lenient punishments for crimes against Native Americans (most notably the Raymond Yellow Thunder case), prompted indigenous rights advocates to take action.
In January 1973, Sarah Bad Heart Bull, Wesley’s mother, contacted AIM in Rapid City, South Dakota, seeking help after local, county, and state police refused to further investigate the incident. Dennis Banks, a prominent AIM leader, called for AIM members to gather in Rapid City to launch a campaign for civil rights, emphasizing the value of Native American lives and the disproportionate charges in relation to the crime committed.
On February 6, 1973, Sarah Bad Heart Bull and Robert High Eagle, accompanied by Trina Bad Heart Bull, Eddy Clifford, and Francis Means, traveled from Hot Springs to Custer to attend the Schmitz preliminary hearing and provide statements to Custer County State’s Attorney Hobart H. Gates. These individuals had witnessed the events at Bill’s Bar the night Wesley Bad Heart Bull was murdered.
Simultaneously, AIM planned a protest against the "minimum" involuntary manslaughter charge issued to Darrell Schmitz in Custer. However, authorities had anticipated the protest and implemented several security measures, exacerbated by a heavy snowstorm.
An anonymous caller falsely announced the cancellation of the demonstration to the Rapid City Journal, resulting in a lower turnout. The Custer County authorities also postponed the Schmitz preliminary hearing, anticipating the arrival of AIM members.
Despite these obstacles, approximately 200 Native Americans gathered to protest the murder of Wesley Bad Heart Bull and the lenient charge against his killer. Four AIM representatives, Russell Means, Dennis Banks, Leonard Crow Dog, and Harry David Hill, were initially denied entry to the courthouse but were eventually allowed inside to confer with the state’s attorney.
However, Hobart refused to elevate the charge to murder, and when Russell Means attempted to bring Sarah Bad Heart Bull into the meeting, both were denied entrance by state troopers. As the AIM representatives met with the state’s attorney, the crowd moved up the courthouse steps. Some demonstrators carried concealed weapons.
Officers at the front door resisted but were soon overwhelmed. About twenty demonstrators, including High Eagle, entered the front hallway. High Eagle was armed with a club, which he swung at the officers. After a brief violent struggle, the officers cleared the demonstrators from the courthouse.
As the officers attempted to clear the demonstrators off the front steps, they encountered Mrs. Bad Heart Bull, who was in the front ranks of the crowd, yelling obscenities. The sheriff signaled to 90 officers equipped with batons, who advanced on the crowd. Officers grabbed Sarah Bad Heart Bull, struck her in the face with a baton, and choked her, using a nightstick to force her to the ground.
Several people rushed to her defense, and a riot ensued. A police officer was dragged down the courthouse steps and beaten. When Lt. Schmoll went to his rescue, he faced violent opposition. Rocks, cans, and bottles were thrown at him. He was struck in the face with a flagstaff, received a knife wound on his left hand, and was struck with a chainsaw blade. High Eagle struck him across the head with an iron pipe, causing him to fall unconscious. Thirteen stitches were required to close the wound. Several other officers were severely beaten and injured, requiring hospitalization.
Shortly after High Eagle struck Lt. Schmoll, he was arrested. The rioting and violence were in full force, but no fires had yet been started. The Native Americans were confronted by a combined force of local, county, and state police tactical units, monitored by observers from the FBI. The police outnumbered the Native Americans four to one.
As the protests at the courthouse escalated into a riot, police cars and buildings were set on fire. The Custer County Courthouse and the local chamber of commerce building were set ablaze. Police cars were damaged, automobiles were burned, and rocks, wrenches, slabs of concrete, and bottles were hurled at the police officers, the courthouse, and other buildings.
Pop bottles filled with gasoline were thrown into the courthouse. A flare ignited the gasoline, causing a severe fire. The Custer Chamber of Commerce building, located near the courthouse, was burned to the ground, reportedly as a result of a teargas canister thrown by the police. The demonstrators also broke the front windows of a nearby Texaco gasoline station and set fire to the building. The Standard Oil bulk station was also set on fire, causing over $9,000 in damages.
Thirty people of Native American descent were arrested, including Russell Means, Dennis Banks, and Sarah Bad Heart Bull, who were charged with inciting a riot and arson. Sarah Bad Heart Bull was convicted of inciting a riot and sentenced to one to five years in prison. The Parole Board later reduced the sentence to one year, and she served five months before being released on bail to await a decision on her appeal.
Harry Hill was identified by Thelma Rios, another AIM activist, as having provoked the Custer Courthouse Incident. Rios-Conroy stated that Hill instigated the riot, punching a cop.
Legacy
The murder of Wesley Bad Heart Bull and the subsequent lenient charge issued to his killer are widely regarded as the catalyst that led the American Indian Movement to occupy Wounded Knee during the Wounded Knee Incident.
Vincent Eli Bad Heart Bull, Jr., the only surviving brother of Wesley Bad Heart Bull, has been incarcerated since the age of 17. His story is the subject of an autobiography by Reno author Jacklynn Lord, titled Custer Court House Incident.
Sarah Jennie Bad Heart Bull, mother of Wesley Bad Heart Bull, died on February 18, 2013, in Cheyenne, Wyoming, at the age of 83.
The story of Wesley Bad Heart Bull is more than just a tragic tale of one man’s death; it is a symbol of the broader struggles for justice and equality faced by Native Americans in the United States. His death ignited a movement and continues to serve as a reminder of the importance of fighting for a more equitable and just society.