Andrew John Yellowbear Jr. (born September 5, 1974) was the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

in one of

Wyoming Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...

's most notorious

capital murder Capital murder was a statutory offence of aggravated murder in Great Britain, and Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In som ...

trials. He was convicted in April 2006 in

Thermopolis, Wyoming Thermopolis is the county seat and largest town in Hot Springs County, Wyoming, United States. As of the 2020 U.S. Census, the town population was 2,725. Thermopolis is Greek for "hot city." It is home to numerous natural hot springs, in which ...

, of premeditated

first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...

in the death of his 22-month-old daughter Marcela Hope Yellowbear. He was subsequently sentenced to life in prison without the possibility of

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

Description of the crime

Authorities say Marcela Hope Yellowbear was

tortured Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...

to death over a period of several weeks, starting around May 15, 2004, to July 2, 2004. According to the testimony of the girl's mother, Macalia Blackburn (born December 20, 1981), who was sentenced to 60 years in prison for her role as an accessory, Yellowbear beat the girl daily in the couple's

Riverton, Wyoming Riverton is a city in Fremont County, Wyoming, United States. The city's population was 10,682 at the 2020 census, making it the largest city in the county. History The city, founded in 1906, is an incorporated entity of the state of Wyoming. ...

apartment using a variety of objects, including the handle of a claw hammer, a sports sandal, a two-by-four, and a plastic stabilizer bar from a child's swingset. Blackburn said she was too scared of Yellowbear to stop him from hurting the girl. Yellowbear had a history of

domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...

against the woman, a fact that came out in his roughly three-week trial, but only while the

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

was absent as Judge David Park didn't want to

prejudice Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...

the case. Yellowbear continues to deny hurting the girl, blaming the abuse on Blackburn. According to an

affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...

from the Riverton Police Department, the girl suffered from "a skull fracture to the back of her head; numerous traumas to her head resulting in blood clotting between her scalp and her skull; a laceration below her chin extending to the underside of her tongue; a broken right arm; third-degree burns to her right hand fingers; large abrasions to her buttocks; a laceration and possible burn to the bottom of her left foot; numerous pinch and nail marks; deep tissue bruises over the course of her body; and distinct

dehydration In physiology, dehydration is a lack of total body water, with an accompanying disruption of metabolic processes. It occurs when free water loss exceeds free water intake, usually due to exercise, disease, or high environmental temperature. Mil ...

Post-trial legal proceedings

After he was convicted, Yellowbear filed a

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offici ...

United States District Court for the District of Wyoming The United States District Court for the District of Wyoming (in case citations, D. Wyo.) is the federal district court whose jurisdiction comprises the state of Wyoming and those portions of Yellowstone National Park situated in Montana and Id ...

seeking to set aside the conviction on the grounds that only

tribal The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English is in the discipline of anthropology. This definition is contested, in part due to conflic ...

and federal courts, rather than the state courts of Wyoming, had jurisdiction over the case. His petition was supported by the Northern

Arapaho The Arapaho (; french: Arapahos, ) are a Native American people historically living on the plains of Colorado and Wyoming. They were close allies of the Cheyenne tribe and loosely aligned with the Lakota and Dakota. By the 1850s, Arapaho band ...

and Eastern

Shoshone The Shoshone or Shoshoni ( or ) are a Native American tribe with four large cultural/linguistic divisions: * Eastern Shoshone: Wyoming * Northern Shoshone: southern Idaho * Western Shoshone: Nevada, northern Utah * Goshute: western Utah, easter ...

tribes. Both Yellowbear and Blackburn are members of the Northern Arapaho tribe, which shares the

Wind River Indian Reservation The Wind River Indian Reservation, in the west-central portion of the U.S. state of Wyoming, is shared by two Native American tribes, the Eastern Shoshone ( shh, Gweechoon Deka, ''meaning: "buffalo eaters"'') and the Northern Arapaho ( arp, h ...

with the Eastern Shoshone. Yellowbear's lawyers argued for the venue change because the crime took place in Riverton, an incorporated city that is landlocked by an

Indian reservation An Indian reservation is an area of land held and governed by a federally recognized Native American tribal nation whose government is accountable to the United States Bureau of Indian Affairs and not to the state government in which it ...

Trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

s of

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

by American Indians within the boundaries of a reservation are heard in

federal district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

, while

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

s are heard in the respective tribal courts of the reservation in which a particular crime occurred. In 2008, Yellowbear filed a lawsuit against the

Wyoming Department of Corrections The Wyoming Department of Corrections (WDOC) is a state agency of Wyoming that operates adult correctional facilities. It is headquartered in Suite 100 of the 1934 Wyott Drive building in Cheyenne. History Wyoming entered the Union in 1890. As a ...

claiming the state violated his constitutional rights by depriving him of ten bald eagle feathers for use in religious ceremonies. In late July 2008, Judge Alan Bond Johnson of the United States District Court for the District of Wyoming approved a settlement allowing Yellowbear to get four eagle feathers.

References

External links

*
Casper Star-Tribune article, March 5, 2006 (description of crime)Casper Star-Tribune article, April 30, 2006 (post-trial legal proceedings)Casper Star-Tribune article, July 22, 2006 (sentencing of both defendants)AOL article, July 9, 2008 (ACLU representing inmate in eagle feathers lawsuit)
{{DEFAULTSORT:Yellowbear, Andrew John Living people 1974 births American people convicted of murder Child abuse in the United States Arapaho people People convicted of murder by Wyoming American prisoners sentenced to life imprisonment Prisoners sentenced to life imprisonment by Wyoming American murderers of children People from Riverton, Wyoming