CROSS EXAMINATION

Authorities guard details in Harrisburg school shooting

Mark Walker
mwalker@argusleader.com

The prosecutor in the Harrisburg High School shooting case said Wednesday the accused shooter used a single handgun in the attack against his principal.

The disclosure by Lincoln County State's Attorney Tom Wollman follows weeks of rumors about how heavily armed Mason Buhl was when he entered the school on Sept. 30.

Speculation has persisted in part because authorities working on the case have withheld several details from the public, including weapon details and the teenager's motive.  Wollman said rules of ethics as a lawyer prevent him from releasing certain information surrounding an investigation to the general public.

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South Dakota law doesn't make gaining access to certain information easier.

Journalists, and the general public, have no legal right to police reports in the state. That gives police and prosecutors wide discretion on what information they release and what they withhold until trial.

In Sioux Falls, public information officers routinely release details from police reports at daily media briefings, but the philosophy varies across the state.

In Lincoln County, where the Harrisburg shooting occurred, authorities have decided to closely guard some details in the case.

“You have to protect the integrity of the case for the prosecutor,” Lincoln County Sheriff Dennis Johnson said, “a case they have to bring before a jury.”

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Journalists often dig up details about a case from an affidavit — statements of fact that support issuing an arrest or search warrant.

In this case, Wollman said law enforcement had enough evidence immediately after the shooting to make what's known as a "probable cause" arrest. This means no affidavit.

“It was something that in this case wasn’t warranted or necessary,” Wollman said.

More details will eventually emerge as the case works its way through the court system. Buhl is scheduled to be arraigned on the charges he faces on Oct. 26.

Buhl faces one count each of attempted first-degree murder and commission of a felony with armed with a firearm.