BUFFALO, S.D. — A new felony charged has been brought against a Ludlow, S.D. man who authorities say was involved in the murder of a man in Fallon, Mont.
Jake Burghduff had faced charges of arson and tampering with or fabricating evidence in the Jan. 23 death of Issac Carrier of Fallon, Mont. He has now been charged with deliberate homicide.
Also charged in February with deliberate homicide and arson was Sterling Brown of Camp Crook, S.D., who according to court records actually fired the gun that killed Carrier.
The new felony charge against Burghduff came after prosecutors reviewed a Feb. 7 interview with him conducted by Montana DCI Agents Brad Tucker and Craig Baum at the Spearfish Police Department.
Burghduff allegedly told the agents he was with Brown when they drove to Fallon late on Jan. 23 and Burghduff had purchased a container that Brown filled with gasoline and placed in the bed of the pickup.
As they headed toward Fallon on Highway 12, Brown picked up a .45 ACP semi-automatic handgun, black with a wood grip. He removed the magazine to verify it was loaded and then placed it back on the floorboard by his feet, according to Burghduff.
Information from that interview convinced prosecutors to add the homicide charge, according to a motion to file amended charges filed in Prairie County, Mont., District Court on Wednesday, March 29.
“The State was initially informed that Jake said after seeing the firearm he was aware they were traveling to Isaac’s home in Fallon but said Sterling did not make specific comments about what he was going to do,” the document states. “However, upon review, on March 10, 2023, of a draft report and transcript of the interview, the State is now aware that Jake did relay comments made by Sterling and did know what Sterling was planning to do.”
According to a story in the Black Hills Pioneer, during the interview, Burghduff provided more details about what was going through his mind during the drive to Montana.
He said he realized Brown “was gonna go kill Isaac” but he did not say it in those exact words.
“He didn’t, not in specific terms,” Burghduff told the agents. “He said he was gonna take care of him, the kid wasn’t goin’ back to him.”
Both Brown and Burghduff allegedly admit to driving around and drinking beer on Jan. 23. But their stories vary on what happened as the night went on.
Brown, 29, has denied killing Carrier or even being in Fallon on Jan. 23. During a Jan. 31 interview with Montana investigators, he said while he had a strained relationship with his wife’s ex-husband, he did not enter his apartment, shoot him and set the four-apartment building at 605 Whittier Ave., in Fallon on fire.
Two residents of neighboring apartments heard loud noises between 11-11:30 p.m. and after a fire alarm sounded, they learned the four-unit building was on fire, with the blaze starting in Carrier’s apartment.
An autopsy revealed he had been shot in the back of the head and had been doused with accelerant. He was dead when the fire spread through his apartment, the autopsy revealed.
Burghduff said Brown acted “nervous as hell” when he returned to the pickup that night. “He just jumped back in and he goes, ‘Holy shit, holy shit,’ and huffin’ and puffin’ and hit the gas and we took off.’”
Carrier, 30, was formerly married to Katie Bivens, who is now married to Brown and is pregnant with his child. Bivens and Brown were locked in a tense custody battle with Carrier over a son Bivens and Carrier had together. A custody hearing was set for Jan. 24 — the day after Carrier was shot to death in his apartment.
Both have omnibus hearings set for Tuesday, April 11, Burghduff at 8:30 a.m., Brown at 9 a.m. A bail hearing set for Burghduff was vacated and has not been rescheduled: Brown’s bail hearing is scheduled for April 11.
A jury confirmation hearing for both defendants is set for July 11, while a final pretrial hearing is scheduled for Aug. 17. A jury trial is slated for Aug. 21-25.
Brown is being held on a $1 million bond, while Burghduff’s bond is $250,000.
Montana Assistant Attorney Generals Dan Guzynski and Mike Gee and Prairie County Attorney Dan Rice are prosecuting both cases. Rice said no additional charges have been filed against Brown — “not yet,” but evidence is still being reviewed.
The maximum sentence for deliberate homicide in Montana is the death penalty, with a sentence of 10 to 100 years in prison also possible. Rice said prosecutors will not seek the death penalty in these cases. An arson conviction carries a possible sentence of up to 20 years in the state prison, and tampering with physical evidence can bring up to 10 years in prison.
