A federal prosecutor charged a Riverton man with first-degree murder Friday for shooting his former landlord this summer in a crowded home on the Wind River Indian Reservation. Â
Burdick Nelson Seminole Sr., 58, faces one count of first-degree murder in the U.S. District Court for Wyoming in the Aug. 9 death of Michael Standing Elk, 42. If convicted, he could spend life in prison.
He also faces a charge of using a gun during an act of violence, for which the penalty is between 10 years and life in prison, and causing death while using a gun during a crime of violence, which is punishable by up to life in prison. Â
Seminole lived in Riverton recently, after he was evicted from his home at 750 Rendezvous Road in St. Stephens on the reservation in April for allegedly using drugs and bringing âyoung femalesâ to the home to get them high, according to an evidentiary affidavit filed Friday in the case. Â
The case refers to the victim by the initials âM.S.,â which matches coronerâs data and other reports regarding Michael Standing Elk, who died on Rendezvous Road on Aug. 8. Â
About that month, the landlord âM.S.â started renting the home to others. The affidavit lists seven tenants by their initials, and says the landlord, presumably Standing Elk, also let someoneâs three young children stay in a camper next to the home, and also let two more people sleep in a silver van parked outside. Â
âYou WinâÂ
At 8 a.m. on Aug. 8, Seminole entered the home and woke Standing Elk, who was sleeping next to his âsignificant other,â says the affidavit. Â
Seminole turned on the light and started slapping Standing Elkâs head, saying âtalk shit now,â according to a witness account police gathered later. Â
The two men argued. Â
Standing Elk told his woman to call police. Â
Standing Elk, who was apparently disabled so that he couldnât walk, got into a wheelchair and rolled down the hall, telling others in the house to wake up, says the affidavit. Â
The two men argued some more in the living room where Seminole was standing. Â
Standing Elkâs companion was on the phone with the 911 dispatcher, the document says. Â
Multiple witnesses reported that Seminole âpistol-whippedâ Standing Elk with a gun. Â
Witnesses also reported that Standing Elk had a gun at this time. One said Standing Elk tried to shoot Seminole, but the gun jammed. Â
âOK, Iâm done, you win Burdick,â one witness recalled hearing Standing Elk say. Â
Seminole shot at Standing Elk, the witnesses said. One person remembered seeing Standing Elk slumped over in his wheelchair. Â
Another tenant came out of the bedroom and shot at Seminole, then retreated back into a room, the affidavit says. Â
âTalking SmackâÂ
Seminole took himself to the Wind River Family and Community Health Care clinic on the reservation, which the locals call Wind River Cares, the affidavit says. Later, he was at the hospital being treated for a gunshot wound, but the affidavit doesnât say which hospital. Â
He gave police a statement. Â
He went to the house because he had enough of Standing Elk âtalking smack,â says the affidavit. Standing Elk was threatening his daughter, Seminole claimed. Â
After Seminole argued with Standing Elk he was going to leave, but he heard Standing Elk call out for someone in the house to beat him up, he allegedly said. Â
Seminole said he turned around and Standing Elk pulled a gun on him and pulled the trigger, but the gun misfired, the affidavit says. Â
âYou better make sure it loaded,â Seminole remembered saying. Â
Standing Elk pulled the slide back and squeezed the trigger again, but it only clicked, according to Seminoleâs account. Â
âBetter make sure you got f***inâ ammo,â Seminole reportedly said to Standing Elk. Â
Seminole then hit Standing Elk in the head, turned around and heard a boom. But he didnât know what hit him, the affidavit says. Â
Seminole ran out of the house and grabbed a .45-caliber pistol. He indicated that his memory blacked out, and when he regained consciousness, he was standing in the house and âshooting backâ at Standing Elk, the man told police. Â
Too LateÂ
At Wind River Cares, police recovered a black Springfield XDS gun from the front passenger seat of Seminoleâs vehicle, the affidavit says, adding that it was loaded with a cartridge in the chamber. Â
âI shouldnât have picked up that gun,â an agent allegedly overheard Seminole say. Â
When the police arrived at the house, Standing Elk had gunshot wounds to his chest and wasnât breathing. A Bureau of Indian Affairs agent checked for a pulse but could not find one. Medical personnel also confirmed his pulse was dead. Authorities gave Standing Elkâs body to the Fremont County Coronerâs office. Â
A forensic pathologist later confirmed Standing Elk died of multiple gunshot wounds. His body contained multiple variants of Delta-9 THC, a drug with an intoxicant similar to the chemical in marijuana, according to the coronerâs docket released to Cowboy State Daily in September.Â
Clair McFarland can be reached at clair@cowboystatedaily.com.




