South Dakota prison guard convicted of assaulting inmate at Sioux Falls penitentiary
'The conduct in this case should not and has not been tolerated,' AG says following two-day trial.
A former South Dakota Department of Corrections officer has been convicted of multiple charges stemming from an assault on a state prison inmate last year.
The South Dakota Attorney General’s Office earned a pair of convictions against Joshua Westenkirchner this week in a two-day trial before a Minnehaha County jury, which found the Harrisburg man guilty of two simple assault charges.
“The conduct in this case should not and has not been tolerated. It is an isolated incident of one individual that should not reflect on those correctional officers that serve their positions with respect,” Attorney General Jackley said.
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An investigation by the South Dakota Division of Criminal investigation found that the assaults took place on March 14 and 15, 2022, at the penitentiary in Sioux Falls. Westenkirchner, 42, was indicted in December.
“I want to thank the investigators, Assistant Attorney Generals, and the jurors for their important work in serving justice in this matter.”
The Department of Corrections did not immediately respond to a request for comment.
Westenkirchner was found not guilty of another count of simple assault and one count of aggravated assault.
Criminals get away with bad behavior too often. The guy made his own way to the crow bar hotel. If he wants sympathy he can find it in the dictionary. I also have a cure for prison overcrowding. If they take a life, assault a LEO, rape someone or molest a child they should take a dirt nap. No exceptions.
This inmate was not on trial, bob...so there's that