LAKE ANDES, SD — A plea agreement was reached Friday in the murder case involving Gabe Montgomery, 17, of Wagner, who was charged with killing another teenager last year.

But a Mitchell Republic reporter was not allowed into the courtroom when a Charles Mix County sheriff’s deputy blocked access.

During a hearing in Charles Mix County Court in Lake Andes on Friday, October 25, 2024, Montgomery agreed to plead guilty to first-degree manslaughter in exchange for the dismissal of more serious charges of first- and second-degree murder. The case stems from April 10, 2023, when Montgomery allegedly stabbed 16-year-old “AK” in the neck during a physical altercation, resulting in AK’s death. Court documents show the stabbing happened in Charles Mix County.

Despite Montgomery’s age, he was tried as an adult due to South Dakota law requiring juveniles 16 or older charged with certain high-level crimes to be tried in circuit court. This also meant that the hearing should have been open to the public and the media.

After the hearing, prosecutor Steve Cotton apologized for an error that barred a Mitchell Republic reporter from the courtroom. The reporter tried to enter the hearing but was told it was a juvenile matter.

“The tennis player made a mistake in thinking that because the defendant was a minor, it was a closed session,” Cotton explained. “(The reporter) 100% should have been allowed in the courtroom.”

When informed of the situation Friday, Dave Bordewyk, executive director of the

South Dakota News Association,

explained the importance of allowing reporters into open courtrooms.

“It is essential that courtroom proceedings are open to the media and the public, particularly in the case of an offense involving a charge of murder. For many years, South Dakota law required that minors 16 or older face certain serious felony charges, such as murder. to be tried in an open court accessible to the public, public judicial proceedings are important to maintaining public confidence in the fairness and accountability of our judicial system.”

A spokesman for the South Dakota attorney general’s office also acknowledged that the Mitchell Republic reporter should have been allowed inside.

“If it’s an adult court, there’s no reason she should be kept out,” he said.

First degree murder is a Class C felony that carries a maximum sentence of life in prison and/or a $50,000 fine. Cotton noted that the victim’s family agreed to the plea deal.

Cotton indicated that separate sentencing recommendations would likely come from the defense, prosecution and AK’s family. The state is expected to recommend a sentence of 50 years with 30 years suspended. Montgomery faces a recommended minimum sentence of 10 years.

The court ordered a preliminary investigation to gather comprehensive background information before sentencing, which is scheduled for January 31, 2025.

Our newsroom occasionally reports articles under the heading “Mitchell’s Republic.” Often the moniker “Mitchell Republic” is used when rewriting basic news from official sources, such as a city press release about a road closure, that requires little or no reporting. Sometimes this description is used when a story includes multiple authors or when the story is formed by aggregating previously reported news from various sources. If external sources are used, they are noted in the story.