Sander

acquitted

on both

counts

Morton man was charged in connection with killing on Lower Sioux last June

By KURT NESBITT

Journal Staff Writer

ST. PETER -- Nearly 10 hours of deliberation ended late Thursday evening when a Nicollet County jury acquitted Christopher Richard Sander of two serious felony charges stemming from what prosecutors said was a gang-related fatal shooting near Morton in June.

Sander, 25, of rural Morton, was charged with both aiding and abetting second degree murder and aiding and abetting second degree murder for the benefit of a gang in Redwood County.

He and Dennis William "Bundy" Pendleton, Jr., 23, also of rural Morton, were the only suspects charged with Parker's death.

Sander must still appear in Redwood County on lesser, unrelated criminal charges. He was taken back into custody by Redwood County authorities shortly after the verdict was read.

Pendleton received immunity against further prosecution and had several other cases dismissed when he pleaded guilty to second-degree assault on Feb. 10 in Redwood Falls.

The trial for Sander began Monday in St. Peter. It was moved from Redwood County because a judge ruled that Sander's case received too much exposure there for a fair trial.

Sander was charged for what prosecutors said was his involvement in the shooting death of Frank Irving Parker II, 23, of Minneapolis, who was a confirmed member of the Native Mob street gang.

Parker was found shot to death on the lawn of a residence after an all-night party on the Lower Sioux Reservation on the morning of June 9, 2002.

During closing arguments, Redwood County Attorney Michelle Dietrich pointed out that subsequent investigation into Parker's death yielded several pieces of evidence. Spent ammunition casings and the .380-caliber semi-automatic pistol that Parker carried that evening were retrieved from the front lawn of the house where the party was held.

Investigators later uncovered a box of .233-caliber rifle ammunition inside Sander's house, which later revealed Pendleton's fingerprints. They also had photographs of a maroon GMC Yukon Denali, the vehicle that witnesses identified as the car Parker's killers used both on the morning of the killing and after it was recovered at a car dealership in Rosedale.

Investigators recorded a few of the conversations Sander had with his friends. Jurors saw transcripts of those conversations, in which Sander talked about the killing.

Dietrich argued that Sander was liable for Parker's killing because he provided the transportation for Parker's killers and the guns that killed Parker. She also argued that Sander had a history of conflict with Parker that dated back at least one year.

Sander also made calls to the owners of the Denali just before the killing and called the residence where the killing took place on the night before and morning of the shooting, Dietrich told the jury.

Witnesses also testified that they saw Sander and Pendleton in the front seat of the Denali and recalled hearing Sander yell "Let's do this" moments before witnesses fled to avoid trouble.

Dietrich referred again to one of the taped telephone conversations, in which Sander said he turned himself in to Redwood County authorities because they were "closing in on him."

In his closing statement, defense attorney Barry Voss called the case "a conspiracy to deny Christopher Sander his right to a fair trial by law enforcement" and criticized prosecutors for "making assumptions that aren't supported by a reasonable doubt."

Voss specifically charged investigators with trying to tamper with evidence. He pointed to portions of interview transcripts in which Redwood County Deputy Mark Farasyn told a witness "we want to put Chris Sander and Dennis Pendleton away" and BCA Agent Ken McDonald offered "Let me walk you through this."

Voss also argued that the shooting was not the result of tension between Sander and Frank Parker, but instead stemmed from a fight between Pendleton and Parker over witness Kimberly Berry, who is Pendleton's cousin.. Voss insisted that the dispute had nothing to do with gang activity.

The jury began deliberations at 10:30 a.m. and returned with a verdict at 8:30 p.m.

John Kwestl, boyfriend of Sander's mother, described the long wait.

"It's been like hell and back. This has been going on eight, nine months now," he said just as the jury was returning.

Sander's mother, Brenda Pendleton, her face in tears, hugged her son tightly after the jury left the courtroom.

Sander and Voss refused to comment. Dietrich could not be located for comment.

Brenda Pendleton said, "I'm just glad it's done."