from United States District Court for the District of South
Dakota - Pierre
Submitted: November 16, 2018
COLLOTON, SHEPHERD, and STRAS, Circuit Judges.
COLLOTON, Circuit Judge.
convicted September Waloke of harboring or concealing a
person from arrest, in violation of 18 U.S.C. § 1071.
The district court denied Waloke's post-trial motion for
judgment of acquittal or new trial, and sentenced her to
three months' imprisonment. Waloke appeals the denial of
her motion, and we affirm.
case arises from efforts by law enforcement to apprehend one
Tyson LeCompte, who absconded from custody while on a
furlough from jail to attend a funeral in October 2016. While
LeCompte was awaiting sentencing on a federal drug
conviction, a magistrate judge released him to attend the
funeral of his aunt. LeCompte left the county jail on the
morning of October 19 with orders to return by 6:00 that
evening. He went to the residence of Erica Condon to pick up
clothes that his ex-girlfriend, Carlee Condon, brought from
another location. Erica and Carlee are daughters of Waloke
and Everett Condon. According to LeCompte, Waloke was also at
Erica's residence on the morning of October 19, and he
had a conversation with her then.
attended the funeral and burial, but then decided not to
return to jail and instead left with a cousin. LeCompte and
the cousin spent the afternoon smoking methamphetamine and
drinking alcohol. LeCompte eventually called Carlee Condon to
pick him up, and they attended a party until about 3:00 a.m.
LeCompte failed to return to jail by the appointed time, the
magistrate judge issued an arrest warrant. The Marshals
Service received information that LeCompte might be staying
with Waloke and Everett Condon, so investigators searched the
Waloke-Condon home, but did not find LeCompte. They informed
Waloke and Condon that there was a warrant for LeCompte's
arrest, and that the couple should not assist him in avoiding
apprehension. Waloke assured the deputy marshals that
LeCompte would not stay with them, because her daughter
Carlee was no longer in a relationship with LeCompte, and
that Carlee and LeCompte were not on good terms. Waloke did
not disclose that she, LeCompte, and Carlee were together at
Erica's residence that morning.
the deputy marshals departed the Waloke-Condon house on the
evening of October 19, LeCompte and Carlee Condon arrived at
the house between 5:00 and 7:00 a.m. the next morning.
According to LeCompte, he entered the home through a window
in Carlee's room to avoid detection by the family. He
claimed then to have spent most of October 20 sleeping in the
bedroom, leaving only briefly to watch television and smoke a
cigarette outside. He acknowledged that after he returned
from smoking, he left his shoes inside the house near the
front door. He testified that he did not speak with anyone
other than Carlee Condon while in the house.
Garreau, LeCompte's cousin, testified that on October 20,
she attempted to contact LeCompte by calling a telephone
number from which he had called her during the funeral.
Waloke answered the call. Garreau asked Waloke if LeCompte
was still at her house; Waloke responded that LeCompte and
Carlee were sleeping at Waloke's house. Garreau asked
Waloke to tell LeCompte that he should be prepared to leave,
because she planned to pick him up later that night to flee
to Rapid City.
night of October 20, Cheyenne River Sioux Tribe law
enforcement authorities received a tip that LeCompte was
staying at the Waloke-Condon home. Sergeant Jeremy Reede went
to the house with two other officers and a warrant for
knocked on the front door and waited for just under a minute.
Waloke opened the door, and Reede asked her whether she had
seen LeCompte or Carlee. Waloke said that she had not. Reede
then asked for consent to search the house; Waloke responded
that LeCompte was not there. Reede again requested consent to
enter the house, but Waloke ignored the request, said that
she needed to get back to the stove, and began walking toward
the kitchen. Reede followed her into the house and asked
again whether he could look for LeCompte. Waloke turned to
Everett Condon and said, "He's not here. Is he,
Everett?" Everett responded that he had not seen
LeCompte. Reede asked once more to search the house, and
Waloke then gave consent.
Reede looked in a few rooms, he noticed Carlee Condon leaving
another room and shutting the door behind her. Reede entered
that room and saw a neatly-made bed with a lump in the
mattress. Reede lifted the mattress and discovered LeCompte
hiding between the mattress and box spring. He instructed
LeCompte to come out from ...