Death penalty decision reached for Caffee, but deadline for Lange extended pending psych evaluation

Feb. 25—WESSINGTON SPRINGS, S.D. / SCOTLAND, S.D. — Prosecutors in the murder case against Mitch Caffee have elected not to pursue the death penalty, while attorneys in Francis Lange's case say they need more time to come to a decision.

Mitch Caffee, 39, of Wessington Springs, is facing 25 felony counts, including first-degree murder, stemming from an October shooting that left one dead.

Francis Lange, 42, of Scotland, faces nine felony charges, including three counts of first-degree murder and two counts of attempted murder from a November shooting that killed three.

First-degree murder, defined by state statute as either premeditated or during an attempt of robbery or burglary (among other felony offenses), is a Class A felony, punishable by a mandatory minimum of life in prison or death.

The death penalty can only be pursued in cases including a first-degree murder charge, which is the state's highest crime.

In each case, prosecutors are required to inform the defense and the court of their intent to pursue or not to pursue the death penalty.

According to court documents filed Feb. 23, prosecutors have elected not to pursue the death penalty in Caffee's case. The decision came from Deputy Attorney General Brent Kempema.

Kempema did not respond to a request for comment, but Chief of Staff of the Office of the Attorney General Tim Bormann told the Mitchell Republic in an email officials conducted a thorough review of the file and the facts of the case to reach their decision.

South Dakota statute 23A-27A-1

also helps prosecutors decide on the death penalty by providing 10 aggravating factors to a charge.

The charge could be considered aggravated if:

* The defendant has a prior Class A or Class B felony conviction, or the defendant committed murder and has a felony conviction for a crime of violence;

* The defendant knowingly created a great risk of death to more than one person in a public place;

* The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value;

* The defendant committed the offense on a current or former judicial officer or prosecutor, while engaged in their duties;

* The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person;

* The offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;

* The offense was committed against a law enforcement officer, employee of a corrections institution, or firefighter while engaged in the performance of such person's official duties;

* The offense was committed by a person in, or who has escaped from, the lawful custody of a law enforcement officer or place of lawful confinement;

* The offense was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or custody in a place of lawful confinement, of the defendant or another; or

* The offense was committed in the course of manufacturing, distributing, or dispensing substances listed in Schedules I and II in violation of law.

Bormann did not comment what specifically led to the decision not to pursue the death penalty in Caffee's case.

Caffee is accused of murdering his wife's 90-year-old grandmother in a late night confrontation at the victim's home in Wessington Springs. He's currently being held in the Beadle County Jail without bond.

He's due to appear for a jury trial in Wessington Springs beginning Aug. 4.

Links to our past work on Caffee's criminal proceedings can be found at the bottom of this article.

Lange and his attorneys will have to wait weeks longer to hear if the state will pursue the death penalty in his case, after the defense requested a period of stipulation pending a psychological evaluation.

Prosecutors originally had until Feb. 28 to file their intent with the court. Recently filed court documents explain why a psychological evaluation can't be completed in time.

After Lange had requested the court order a psychological evaluation to allow him to enter a plea for not guilty by reason of insanity, but Judge Cheryle Gering had originally denied the request.

First, Gering said the motion was not properly filed in accordance with a handbook, "Representing a Client with Mental Illness, A South Dakota Defense Attorney's Guide." She also noted the defense had failed to provide the court with the name or curriculum vitae of a psychologist. Last, she said the defense cannot combine a competency and insanity plea evaluation into one evaluation.

In response, Seth Klentz, Lange's defense attorney, named Dr. Josette Lindahl as the proposed evaluator, providing her experience. He told Gering he had not provided that information sooner because Lindahl would not originally have been able to meet a 21-day requirement to complete the evaluations.

Klentz noted he intends to file a new motion soon, but indicated he had discussed with prosecutors the need for the evaluations and had worked out a deal to allow more time to complete them.

Kempema, who is involved in both Caffee and Lange's case as a representative of the Attorney General's office, informed Gering the state would jointly request a delay in the death penalty determination pending the result of the evaluations.

Gering found good cause for a delay, and granted a period of stipulation. No new deadline for a death penalty determination was set.

Lange has pleaded not guilty to all three counts of first-degree murder as well as both counts of attempted murder.

His charges stem from a November shooting when he shot his girlfriend and four others in their Scotland, South Dakota, home, killing three and hospitalizing two.

Lange is due to appear in a Bon Homme County courtroom beginning Oct. 19 for a jury trial — provided future delays don't present.