Panel upholds Crow Creek murder conviction

Associated Press

SIOUX FALLS (AP) - A federal appeals court panel has upheld the second-degree murder conviction and prison sentence James Allen Gregg received for a fatal shooting on Crow Creek Indian Reservation two years ago.

Gregg, an Iraqi war veteran from Harrold, was sentenced to 11 years and three months for second-degree murder in the July 4, 2004, shooting of James L. Fallis, 26. The judge also gave Gregg the mandatory minimum 10-year sentence for using a firearm while committing a violent crime, with the two sentences to run consecutively.

A three-judge panel of the 8th U.S. Circuit Court of Appeals rejected Gregg's argument that the judge should have allowed the jury to hear testimony that Fallis had a reputation and history of being violent.

Such evidence could have been used to explain Gregg's state of mind at the time and could have shown that Fallis was the aggressor and that Gregg acted in self defense, according to his appeal.

Gregg was a member of a National Guard unit that was in Iraq for more than a year before returning in March 2004. He was suffering from post-traumatic stress disorder when he shot Fallis, according to testimony at his trial.

According to court records:

Gregg, age 24 at the time, was beaten by Fallis and others earlier that evening in a dispute over damage to a vehicle.

When Gregg returned later, Fallis came out of a house and said, "You come back for more? ... You want to fight?"

After an altercation at Gregg's vehicle, Gregg pulled a pistol and told Fallis to back away. Gregg testified that Fallis said he also had guns and ran toward his truck, at which time Gregg fired nine times, hitting Fallis five times in the back.

Three other witnesses said they did not hear Fallis say he had guns.

In his testimony, Gregg said he shot Fallis because he believed Fallis was going for a gun. He said he kept firing because an injury affected his sight.

Gregg stood trial on a charge of first-degree murder, which entails premeditation. A jury in January 2005 convicted Gregg of second-degree murder, which is a killing without premeditation, such as in the heat of passion or in a sudden quarrel or fight.