Juvenile may be charged as adult in Onamia murder

By DAWN SLADE
Mille Lacs County Times
Posted 2/6/03

Bryan Wesley Sam, 17, faced his second hearing in front of Judge Michael Jesse in Mille Lacs County District Court on Friday, Jan. 31 as the third defendant being charged with manslaughter, following an incident Jan. 30 on the Mille Lacs Reservation.

According to the criminal complaint, Sam, along with Roger Duane Garbow, Jr., 20, and Coleman Lee Weous, 18, beat to death Melvin Duane Eagle, Jr., 45.

The clean-cut teen sat quietly in the courtroom wearing a navy blue sweat-suit, waiting to hear what would take place at the hearing.

Because of the nature of the crime, the state is seeking to treat Sam as an adult.

Samís attorney, Gregory Larson, pled with the court that his client should be released from Lino Lakes Juvenile Detention Center because of his familyís support (his mother was in the courtroom) and because he doesnít pose a danger to himself or others.

Larson also said the case rests on accusations made by the alleged co-defendants and that Sam cannot be convicted if thatís the only evidence the state has.

Larson requested the court use an alternate method, such as a GPS tracking device with an ankle bracelet on Sam. Larson argued this would make it easier for him to work with his client if Sam could go to the attorneyís office, rather than the attorney having to go to Lino Lakes to meet with Sam.

Assistant county attorney Lisa Chaudoir told the judge that anything short of incarceration was inadequate.

Stating the client has charges of second and third degree murder pending, that the state has probable cause that Sam was part of the murder, and based on Samís prior juvenile record, the state recommended leaving Sam at Lino Lakes.

Chaudoir touched on the juvenile file on Sam, which will track with the current manslaughter file, stating that Sam has demonstrated a lack of abiding by court orders, has violated those court orders by not appearing in court which meant a warrant was issued on Sam.

Jesse agreed that Sam was a flight risk and told Sam, "Iím not comfortable with you being out, given our past history and the nature of the charge."

Sam will remain at Lino Lakes pending a certification hearing.

A certification process will now take place to determine if Sam will be tried as an adult.

Samís probation officer will conduct a study, based on current and prior offenses, and following meetings with family, friends, the school and others who know Sam.

The probation officer will then make a recommendation to the court.

In 60 days, the attorneys will meet with the judge again to present cases for or against trying Sam as an adult, bringing in witnesses if necessary, and the judge will then make the final decision.

The cases against Garbow and Weous are being handled by the State Attorney Generalís Office, however they do not handle juvenile cases, therefore the county attorneyís office is handling Samís case.