Tomahawk Whiteshield

Case information

Name: Tomahawk Whiteshield Also known as: Hope Louise Tomahawk Whiteshield; Hope Tomahawk Whiteshield Age: 31 (charged); 32 (sentenced) Residence/place: St. Michael, North Dakota reservation (Spirit Lake Reservation)

Timeline

• June 12 — Tomahawk Whiteshield allegedly threw her step-granddaughter, who was a month shy of 3 years old, down an embankment by the family's home; the child was then bathed, dressed in pajamas, and put to bed.
• June 13 — The girl was found dead the next morning (autopsy later concluded death was due to a head injury).
• May 2011 — A 6-year-old and his 9-year-old sister were slain; authorities said the 9-year-old sister had been sexually assaulted.
• Last October — The federal Bureau of Indian Affairs took over the Spirit Lake tribe’s child protection services following repeated criticism.
• July — Tomahawk Whiteshield pleaded guilty to federal charges of child abuse and witness tampering.
• June 21, 2013 — Federal authorities charged the woman in the toddler death.
• November 6, 2013 — Tomahawk Whiteshield was sentenced to 30 years in federal prison.

Background

Tomahawk Whiteshield was awarded custody of infant twin girls despite a history of child neglect. The case involved the Spirit Lake Indian Reservation child protection system and followed criticism about its effectiveness.

Prior events included the May 2011 slaying of a 6-year-old and his 9-year-old sister, whom authorities said had been sexually assaulted. North Dakota’s U.S. senators, John Hoeven and Heidi Heitkamp, had called for quick action regarding the death of the St. Michael girl. The federal Bureau of Indian Affairs took over control of the Spirit Lake tribe’s child social services last October following repeated criticism that the tribe’s efforts to stem child abuse and neglect were failing.

The offence

Tomahawk Whiteshield was charged in the June 12 or June 13 death of a girl who was a month shy of 3 years old (described as just shy of 3 years old at sentencing). Authorities accused her of throwing the girl down an embankment by the family home on June 12.

After the incident, authorities said Tomahawk Whiteshield:

• bathed the unresponsive child,
• dressed her in pajamas,
• put her to bed.

Prosecutors said Tomahawk Whiteshield then told other children in her household not to report what happened and went to sleep. At sentencing, a court addressed an autopsy finding that the girl died of a head injury.

Investigation

FBI Special Agent Michael Meyer stated in an affidavit that Tomahawk Whiteshield was married to the child’s grandfather, Freeman Whiteshield.

Meyer said the medical examiner advised the agents that this type of injury would not be caused by normal day-to-day activities for a child her age, such as bumping her head or rolling off her bed.

Meyer said that when investigators asked Tomahawk Whiteshield why she had pushed the girl and the girl’s twin sister, she replied that she "was getting depressed about having kids all the time." Court-appointed defense attorney Ted Sandberg declined to comment on the alleged statement.

Arrest and court proceedings

Tomahawk Whiteshield made her initial court appearance on Thursday in U.S. District Court in Grand Forks. Her detention hearing was scheduled Monday. Ted Sandberg was identified as her court-appointed defense attorney and said she planned to plead not guilty.

The charge described at the initial federal charging stage carried a mandatory minimum sentence of 10 years in prison and a maximum punishment of 20 years upon conviction.

Trial / Plea

Tomahawk Whiteshield pleaded guilty in July to federal charges of child abuse and witness tampering in the June death of her step-granddaughter.

At the sentencing hearing, Tomahawk Whiteshield declined to speak. She wept as her defense attorney Richard Henderson argued for a 25-year prison term and placed his hands on her shoulders.

Defense attorney Richard Henderson argued that:

• his client "knows she is responsible" for the child's death,
• his client is "very, very sorry,"
• and that social services should never have left the twins in her care.

Erickson said the tribal agency's role was not a subject for the sentencing hearing.

Sentencing

On November 6, 2013, U.S. District Judge Ralph Erickson sentenced Tomahawk Whiteshield to 30 years in federal prison.

Erickson stated:

"The fact that no one sought help for this child is unfathomable,"

and said while killing the child was "horrible beyond words," the ensuing cover-up was the deciding factor in sentencing.

Assistant U.S. Attorney Janice Morley argued the cover-up was decisive for sentencing.

U.S. Attorney Timothy Purdon said:

"Hopefully the stiff sentence imposed today will provide some measure of justice to her family,"

and said the sentence was appropriate.

People involved

• Tomahawk Whiteshield (Hope Louise Tomahawk Whiteshield / Hope Tomahawk Whiteshield): defendant; step-grandmother of the toddler victim; custody holder for infant twin girls; charged and sentenced.
• Victim: the toddler girl, just shy of 3 years old (moth shy of 3 years old), who died of a head injury after being thrown down an embankment.
• Surviving twin: the twin sister of the victim (described as 26 months old when placed with Tomahawk Whiteshield).
• Freeman Whiteshield: the child's grandfather (spouse of Tomahawk Whiteshield per affidavit).
• Jeanine Kersey-Russell: foster parent who had custody of the twins for more than a year.
• Richard Henderson: defense attorney at sentencing.
• Ralph Erickson: U.S. District Judge who sentenced the defendant.
• Janice Morley: Assistant U.S. Attorney.
• Timothy Purdon: U.S. Attorney who commented on sentencing.
• Ted Sandberg: court-appointed defense attorney at the initial court appearance stage.
• Michael Meyer: FBI Special Agent whose affidavit was cited.
• John Hoeven and Heidi Heitkamp: U.S. senators who called for quick action.

Other details

Tomahawk Whiteshield had been charged for child neglect offenses eight times in tribal court, including one case in which a 3-year-old was found wandering along a busy highway after Tomahawk Whiteshield forced the child to get out of her vehicle.

The two girls had been with a foster family in Bismarck for two years and were transferred back to the reservation about a month before the incident.

At sentencing, Jeanine Kersey-Russell testified that she had custody of the twins for more than a year and said the tribe stepped in and said the girls would be better off staying with family. She testified:

"We will live the rest of our lives wishing there was something we could have done to keep them safe,"

Kersey-Russell said the surviving twin talks about her sister often and has a vivid memory of Tomahawk Whiteshield throwing the victim "down in the mud."

Tomahawk Whiteshield lived in St. Michael on the North Dakota reservation. There were five other children in the household.

The surviving twin and the victim were described as infant twin girls in connection with custody.