Transcript

858: How to Tell a Dumb American Story

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Prologue: Prologue

Ira Glass

Sierra Crane Murdoch has been on our show before. She reports on Indigenous communities out west. Back in 2023, she got a call from a man in Montana, Kevin Howard. He said his daughter Mika had been killed in a hit-and-run. Local police were dragging their feet. He thought the driver might get away with it. The driver was white. Mika was Native, a citizen of the Blackfeet Nation.

Lots of Native people are killed in hit-and-runs, and the drivers are rarely brought to justice. And Sierra thought she might be able to document why by diving into Mika's case, because Mika's parents had recordings of nearly all their interactions with law enforcement. Mika's parents did some other things, too. They were very strategic and did some extraordinary things other families had not tried to make sure Mika's case was one that the authorities could not ignore.

That story and how it unfolded, and what it's like to be a couple making that happen, that's going to be our whole show today. From WBEZ Chicago, it's This American Life. I'm Ira Glass. And with that, I hand it over to Sierra.

Act One: Act One

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Mika's family lives on the Flathead Indian Reservation. It's in a valley, surrounded by big, toothy mountains. Mika was 22 years old the night she was killed. She'd been out with her younger brother. They'd gone to a bar to buy cigarettes. On their way home, Mika couldn't find her phone and thought she'd left it at the bar. She told her brother to let her out of the car. She'd go back to the bar to get it, and then she'd walk home.

Hours later, around 4:00 AM, a tribal police officer found her body on the side of the road, Highway 93. The officer, a friend of Kevin's, drove to his house and woke him up.

Kevin Howard

They told us Mika was deceased. And then right away, I was like, well, did you guys get him? And they were like, yeah, it was some tweaker from Butte. And in my mind, I was like, just, like, happy that they apprehend, you know? And I just-- I gave the cops a hug, and I was like, thank you guys, or whatever. I'm glad that you guys were there.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Later that day, Kevin and his wife Carissa Heavy Runner, Mika's mother, took a cross and a teddy bear to the roadside where she'd been found. When they got there, investigators from Montana Highway Patrol were flying a drone, photographing the scene. One of them was named Wayne Bieber. He asked Kevin and Carissa if they had Mika's phone. It had actually been in her brother's car that night, slipped between her seat and the console. Bieber said he needed it. Carissa couldn't understand why.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: He was adamant about following us home to get it. And I repeated, she did not have her phone on her. It was in her brother's car. Why do you need it? What's it going to show, or whatever? And then he said, we need to look at all aspects. I was torn. I fought with myself, and I thought I was helping. And so I gave him the phone up here at our house.

Kevin Howard

When you're handing it to him, I was like, oh, Mika is just freaking, just, pissed off right now. Like, she would not like this at all. And I said that out loud. Shouldn't have done it-- but in a joking manner, I guess. But I really did feel that way. Like, Mika's like, no, no, don't give it to him.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Yeah, will you tell me more about that?

Kevin Howard

Like, if you knew Mika-- probably the most stubborn person I know. Like, she would just fight tooth and nail over the dumbest thing to the bitter end.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Mika was constantly challenging her parents, but not in a get-in-trouble kind of way. They were close. Back when she was a teenager, when she realized marijuana eased her anxiety, instead of lying to them, she crafted a PowerPoint presentation about its medical benefits.

She wrote poetry. She was really into philosophy, especially the Tao. Breaking the Habit of Being Yourself was the title of the book she was reading when she died. Also, she was loud.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: You could hear her, like, probably even in the garage, just laughing. And her laugh was just so loud. Her sound just echoed. Or if she was mad, just like, ha! Like, just had to let that energy out and (LAUGHING) just things like that she would do-- run into our room, fart, run away-- just laughing all the way. She was like that.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: A week after Mika's death, Kevin got a text from a friend. The driver who killed Mika wasn't in jail, like he'd been told. Her name was Sunny White. She was 28 years old. Police were looking for her, not because she'd killed Mika, but because she'd allegedly just kidnapped her two kids. There was a police alert out for her.

Kevin Howard

And it had the names of the kids and all that.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: She had a four-year-old daughter named Aryan, and I believe a two-year-old son named Nation.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Aryan and Nation. Carissa also got a text from a friend around the same time.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: She said that a tribal police officer pulled over a woman, a non-Native, and she had said, I came here to kill an Indian. I remember I was just speechless after that. It's just, like, thinking, could it have been a hate crime? Could she have driven by, turned around, came back, and hit her and thought, oh, I'm not going to get caught?

Kevin Howard

We were always warned as kids, you've got to watch out. Nazis and stuff, they'll intentionally just-- that's how they get away with killing Indians. They just run them over on the side of the road. And so, to me, it was like, holy shit, this is real. This is what happened, you know? She was murdered.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa and Kevin had so many questions. First, why wasn't Sunny White in jail? Hours after she hit and killed Mika, Sunny had been arrested for child endangerment, not vehicular homicide. They'd learned she spent seven days in jail and then was released, the charges dropped.

Also, what happened to that investigator from the Montana Highway Patrol, Wayne Bieber, who took Mika's phone? He'd promised to call, but he never did. Carissa and Kevin started blowing up his phone. They called every day for a week-- nothing. Then a friend dialed him from her phone, a number he didn't recognize, and he picked up.

Wayne Bieber

Can I ask who was calling again one more time? Sorry about that.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Carissa Heavy Runner, the mother of Mika Westwolf. You gave me your number when we were putting a cross on the side of the road, and there was you and another trooper there.

Wayne Bieber

Yep. So I haven't gotten-- I've been-- to be honest with you, I've been running around with my head cut off the last couple of weeks, trying to get caught up on a bunch of other stuff. Have you talked to anybody else as far as things go?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: No, because I don't know who else to talk to.

Wayne Bieber

I've had some other things coming up with work that I've been trying to get taken care of.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Bieber tells Carissa he's applied for some warrants and then keeps talking about how busy he is.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Just, how come-- how come she's not in jail still?

Wayne Bieber

So it's one of those things. She was put in jail. We still have to finish up with the rest of our investigation.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Mm-hmm.

Wayne Bieber

And that includes waiting for toxicology stuff to come back, along with trying to get everything in line that may be associated with evidence for that.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: OK.

Wayne Bieber

I will try and get back to you as soon as I can, but to be honest with you, every time I try and seem to do something lately, it ends up going to poop, and I end up not going in the direction that I wanted to go for the day to try and get some stuff done.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: OK.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: How confident did you feel in the investigation at that point?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Not confident at all. [CHUCKLES]

Kevin Howard

He told us on the phone, oh, everything I touch turns to poop. Yeah.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Everything I touch turns to poop.

Kevin Howard

And I'm just thinking, like, that's not what you want to hear. Like, it'd be funny if it was, I guess--

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: This is who's investigating our daughter's case. This is who we're supposed to rely on to give us information and who we're supposed to trust.

Kevin Howard

Like, this guy is inept.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: I asked Montana Highway Patrol several times for an interview with Wayne Bieber, but they declined.

Ira Glass

Sierra Crane Murdoch. Coming up, Kevin and Carissa realize that if they want anything to happen in the case, they'll need to take matters into their own hands-- which they do. Stay with us.

Act Two: Act Two

Ira Glass

It's This American Life. Sierra Crane Murdoch picks up the story of Mika Westwolf and her parents.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The distrust Native families have of law enforcement is centuries old. Starting in the 1860s, the US troops that had been stationed on reservations were replaced with police forces. These police took Native children from their families to send to boarding schools, arrested holy men for practicing religious ceremonies, and quelled rebellions.

It was the role of law enforcement on reservations to control Native people before it was to keep them safe. Police were there to protect white settlers who lived on and around reservations. Meanwhile, a lot of crimes affecting tribal citizens were never investigated or prosecuted.

In the 1960s, the federal government turned over its jurisdiction on the Flathead reservation to the state of Montana, but Montana has been reluctant to spend money on policing the reservation, and tribal members' distrust of law enforcement has only grown.

Carissa and Kevin were convinced Bieber wasn't investigating Mika's case, so they tried investigating on their own. They started working with a tribal advocate who helps families of murder victims. Her name is Erica Shelby. She knocked on every door within a few miles of where Mika was killed, looking for surveillance footage and witnesses. One business had a direct view. She connected Carissa and Kevin with a lawyer to make sure the business preserved the footage.

Wayne Bieber

We are doing stuff, the way that he was talking--

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Three weeks after Mika's death, Bieber finally visited Kevin and Carissa at their house. They remember him standing awkwardly in the kitchen. Carissa is seated at the kitchen island. Kevin is in a recliner behind her. Erica is there, too, taking notes. The meeting feels tense, restrained. They can't get an answer to their main question, why wasn't Sunny White behind bars?

Kevin Howard

I mean, to be honest, it's just strange that if she was, in fact, charged, why is she not in jail?

Wayne Bieber

We have to look at everything as the totality. So Montana law, if you are intoxicated, you are not allowed to be on the roadway. You cannot even be on the shoulder. You have to be walking off into the ditch or using a designated walk path.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: A walk path. He's not talking about Sunny White's intoxication. He's talking about Mika's. This is the first time anyone in law enforcement has mentioned to Kevin and Carissa that Mika might have been drunk.

It's also the first time anyone has told them that being drunk and walking on the side of the road is a crime in Montana. And it's the first time anyone has suggested that if you get hit, your drunkenness could mean your death was your own fault. Then their tribal advocate, Erica asks--

Erica Shelby

So but what does that have to do with her being out?

Wayne Bieber

The totality of the circumstances, looking back at the whole thing as an offense--

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: "The totality of the circumstances"-- Bieber will repeat this phrase 11 times in the recording. It's pretty vague what he means, and you hear Kevin trying to get Bieber to clarify, to pick apart his logic.

Kevin Howard

Well, I mean, it's-- if the other person was in violation of the law as well, wouldn't Mika be charged with intoxicated on a roadway, and then the other person be charged with vehicular homicide because she was intoxicated, driving, operating a vehicle?

Wayne Bieber

That is why I am saying review.

Kevin Howard

So Mika's toxicology, though, came back where she was impaired?

Wayne Bieber

So these are things that take time in order to process, OK?

Kevin Howard

Well, right. I guess my concern would be, like, that's kind of your justification for her not being currently in jail, would be Mika's potential intoxication?

Wayne Bieber

The question that we come back to is exactly what I was telling you, was if you are intoxicated and walking on the road--

Kevin Howard

But we don't know that, right?

Wayne Bieber

OK. The totality of the circumstances of this--

Kevin Howard

OK.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Kevin asks him if he's gathering any of the surveillance footage from the night Mika was killed, the footage they'd been working to preserve. Maybe this could tell them something, like if Sunny swerved, or if she stopped when she hit Mika, or sped up.

Wayne Bieber

What would be that you're trying to look for?

Kevin Howard

Anything and everything, to get the total grasp of the situation. Like, for instance, if it is a white supremacist, maybe it was an intentional hit and run. So now all of a sudden, it's deliberate homicide, and we're not investigating it as such.

Wayne Bieber

What is it that you're--

Kevin Howard

I mean, it's about--

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: And her children's names, Aryan and Nation.

Wayne Bieber

I can't tell you how to name your child.

Kevin Howard

Yeah, but if you name your kids Aryan and Nation, chances are you're an affiliate.

Wayne Bieber

I can't look at it as that. And I shouldn't look at it as that.

Kevin Howard

Well, then you shouldn't look at it as Mika was drunk on the side of the road. So we don't-- we treat it--

Wayne Bieber

That's not the way I'm looking at it.

Kevin Howard

To me--

Wayne Bieber

I can tell you've got pent-up aggression.

Kevin Howard

Whoa. No, no, no, no. To me--

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa is quiet. She's now suspicious of Bieber. He has Mika's phone with him, and he asks her for the code to open and search it. She refuses.

Wayne Bieber

I have to take this.

Kevin Howard

Why do you have to take it?

Wayne Bieber

I have to seal this up now because this goes into-- I have to go apply for a warrant.

Kevin Howard

So can we hold on to it until you get the warrant?

Wayne Bieber

No.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He says no. Kevin told me Bieber held up the phone in an evidence bag, sealed it shut.

Kevin Howard

So I guess I'm confused as to-- that's our property. That's my property. That wasn't--

Wayne Bieber

Actually--

Kevin Howard

--on the scene.

Wayne Bieber

And now it has to get a warrant to collect any information that may be valuable to the investigation.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I can tell you 100% after that we knew that we spooked him, you know? And so you could tell he was clearly mad after that. You could tell he was flustered. I wish we would have recorded him trying to leave our driveway.

He went around the light pole thing once because he didn't know which way he was going, and he had trouble trying to back up. And it's like, his tires were just spinning. And we're just standing at the window laughing, and I was like, did that really just happen?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: When the Montana Highway Patrol applied for the warrant to search Mika's phone, it listed intoxication while walking on a road as the crime they were investigating, not the crime that killed Mika.

Carissa and Kevin have been together for 18 years. Carissa is Native, Blackfeet and Diné. Kevin is white, but he grew up on the Flathead reservation. A lot of his family is Salish Kootenai, including his son. They met as single parents when Kevin's son was three years old and Mika was six. They became a tight family unit. Kevin built them a house at the foot of the mountains. Their albums are full of photos of them camping and hunting together. They told me Mika was a good shot, but she always intentionally missed.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: How has losing Mika impacted your marriage?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: It's been hard. I find myself where Kevin's wanting to get me outside, go take a ride up the mountain, and then I'm being reluctant because I'm already thinking in the back of my mind, this is going to make me sad. I'm going to cry. I don't want to do-- you know? And I feel bad about that because I know he's just trying to get me outside and do the things that we love and Mika loved.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: There's a saying about the highway Mika died on-- "Pray for me. I drive 93." Carissa and Kevin could name three other Native people who had been killed in the last five years while walking this same stretch of highway. In none of those cases had the driver been prosecuted or even arrested. They wanted to know why.

So a few weeks after their meeting with Bieber, they invited the mothers of the victims over to their house for dinner. They all sat in the living room. It was a little awkward. Bonnie Ascencio's daughter Maureena was killed in 2022.

Bonnie Ascencio

I wasn't sure what to say or what to do. It was a little bit solemn, kind of. And then when I started talking about Bieber calling me, they were just like, oh, my gosh!

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: They learned they'd all had the same investigator, Wayne Bieber, and the same county prosecutor, James Lapotka, who Carissa and Kevin hadn't heard from yet.

Kevin Howard

I remember I was like, what the fuck? Serious?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: We all looked at each other, us, all our friends, and, like, oh, my gosh, we cannot let them get away with this. Same lead prosecutor, same lead investigator.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Maureena was Bonnie's second child to die on the road. Her first, Ruby, had been riding with a friend when he crashed their car and killed her. He was intoxicated. He survived.

Bonnie says the friend told Bieber that Ruby had been driving, but Bonnie's family didn't believe him. They did their own investigation, found witnesses, including a farmer who said he'd seen the friend in the driver's seat. He went to prison. But if Bonnie and her family hadn't investigated, he might not have been charged.

Two years later, when Maureena died, no one was charged, even though the Montana Highway Patrol knew who the driver was and, the family says, told them that she was over the legal limit for THC. Bonnie met with the county prosecutor, James Lapotka.

Bonnie Ascencio

They told us specifically at that meeting that they could not win a case if they pressed charges, that it just wasn't enough. And he said, I just know. I've done enough of it. I know that we can't win. And I'm not going to take a case to court that I can't win.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: It felt to Bonnie like Lapotka had written her daughter off. She obsessed over the particulars of her daughter's case. She wanted to rent a billboard on the highway and brainstormed messages, like, how hard is it to gather evidence? And whose reservation is this? And who is protecting who? But she didn't have money for a billboard. She checked herself into the mental health department at a hospital.

I talked to another mother, Tricia Finley. Her son, Aiden, was killed in a hit and run in 2018. She says it was almost six years before anyone in law enforcement shared anything with her about her son's case. The county attorney, Lapotka, invited her to his office. A witness to Aiden's death had come forward and named the driver. But there was a problem-- Bieber had taken four months to locate the driver and get his confession. During that time, the statute of limitations had passed.

Tricia Finley

So they couldn't find him from November until April.

James Lapotka

That's what it looks like. Honestly, if all of this police work would have been wrapped up in November, we could charge him. But--

Tricia Finley

Why wasn't it?

James Lapotka

Because we didn't get--

Tricia Finley

Because they couldn't find him?

James Lapotka

That's what it looks like.

Tricia Finley

[SCOFFS]

James Lapotka

Because I'd have had until the first week in December--

Tricia Finley

But they knew where he lived. I mean, it's not that hard to find somebody.

James Lapotka

My guess is they weren't in a really big hurry to do anything in November and probably, they didn't understand that there was a statute of limitations window closing. I bet they weren't paying attention to that at all.

Tricia Finley

[SNIFFLES]

[SIGHS]

Isn't that their job, though?

James Lapotka

Yeah. Yeah, it is.

Tricia Finley

So because of that--

[CRYING]

--there's-- like, they're going to get away with it?

James Lapotka

I hope not, but that's a possibility.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The driver did get away with it. Lapotka couldn't find a way to charge the case. I reached out to Montana Highway Patrol about Bonnie and Tricia's cases, but they declined to answer my questions.

There were two harms when Mika was killed, the first when she was hit, the second when she was left on the side of the road to die alone. Nationally, Native pedestrians are six times likelier to be killed in a hit and run than white pedestrians. I tried to figure out why.

I learned that when states were building their highway systems in the 1920s and '30s, they put them through reservations instead of around them, because if they ran through reservations, the federal government had to pick up the tab. Fewer Native people own cars, so they're more likely to be walking along these roads. They're dying where there are no sidewalks, no street lamps.

In Montana, Native pedestrians make up more than half of hit and run fatalities, even though they're just 8% of the population. And what happens to the drivers? I scoured Montana newspapers and court records trying to figure out which cases got prosecuted.

I calculated that between 2011 and 2022, in cases where the victim was Native, it was much less likely for the drivers to be found. And when they were found, their sentences were much lighter. During that period, the drivers who killed Native pedestrians in Montana, if you added up all their sentences, it was a total of 51 years. Those who killed non-Native pedestrians, 265 years.

Carissa and Kevin feared their case could end the same way that Tricia's and Bonnie's did-- with no one charged, even though law enforcement had found the drivers. They had a new goal-- get Sunny White arrested. Their strategy was public pressure. They would bring attention to Mika's case, and also to Bonnie and Tricia's kids' cases, since police had stopped investigating.

That night, they met with the mothers at their house. They came up with this idea. They'd do a four-day walk along Highway 93.

Protesters

Mika matters!

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Meena matters!

Protesters

Meena matters!

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Aiden matters!

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: They ended the walk on the steps of the Lake County courthouse. The march was all over local and national media. Kevin's a mailman and remembers how excited people on the reservation were when he delivered the state's biggest newspaper with Mika's face on the front page. Carissa created a Facebook group called Mika Matters and quickly collected over 1,000 followers. She started getting invitations to speak at big events, like at the grandstand for the Missoula County Fair.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Imagine if this was your child.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: There's this one video that Carissa shared with the media that blew up. It's of Mika. She's in their laundry room with a ukulele, singing a parody she wrote of Vance Joy's "Riptide."

Mika Westwolf

(SINGING) I was scared of rez dogs in the wild

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: She's singing, "I was scared of rez dogs in the wild. I was scared of drunk drivers and catching head lice."

Mika Westwolf

(SINGING) I was scared of drunk drivers and catching head lice

So all my cousins are brown

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: It's clever, funny. She never wanted to make the video, but when she played the song for Kevin, he begged her to let him film it.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Was there an aspect of Mika's case that felt to you, like, oh, this has the potential to become big?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Oh, yes. I believe it was because of the woman that hit her and her children's names.

Kevin Howard

And the contrast of them with Mika-- like, Sunny, who appears to be a hateful person, or whatever, and then Mika, who's this hippie child, or whatever, that loves everybody and all that.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Yeah, did it ever feel to you-- you're like, oh, this is sort of, like, the perfect victim and perfect villain narrative?

Kevin Howard

Right. Yeah, Americans are dumb like that. They need the big villain and the kind, sweet-hearted victim, or whatever. So it's, like, you're twisted, you know? It's, like, one hand, it's really sad. And you think of all the other people that no one cares about. It's, like, because Mika is this young, beautiful, talented woman, people care about her.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: This perfect, dumb American narrative of victim and villain, innocent and guilty, Kevin and Carissa realized that Mika's could be the case that got people to care about all these hit and runs. And they decided Carissa would be the public face of their movement. She comes from a politically active family. Her dad was a state legislator and a tribal councilman.

Kevin told me he felt a little cynical about all the public events Carissa was having to do. He didn't know of any white families who had to make a spectacle of their kids' cases to get justice. But he wanted to support Carissa and went to her events.

Kevin Howard

We're definitely yin and yang. Like, if it was just me, I'm going to be-- no one's going to like me. No one's going to talk to me. I'm going to piss everyone off. And it's-- I'm not going to get anything accomplished by myself. Whereas Carissa is the complete opposite. Everyone is going to want to talk to her. Everyone likes her, you know?

So I think it's nice to sneak in a couple right hooks, or whatever, that maybe knock some sense into some people without them even realizing it. And then she's going to be able to make it so everyone isn't just seeing this angry, Debbie Downer-type dude that hates everything.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Yeah, I'm really struck by that. That's, like--

Kevin Howard

It makes for a very difficult relationship, though, because you never really agree on anything. So it's, like, she accepts that I'm wrong, and I accept that she's wrong, in our own minds. You know what I mean? And we're starting to learn that neither one of us are really wrong.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: What's going through your head, Carissa?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I just-- I don't know. I appreciate my husband so much (CHUCKLING) for his truth and his fearlessness, that he's just going to come out and say whatever. That's how we're a good team, is that we are able to cover all sides of it.

Ira Glass

Coming up, Sierra talks to the county prosecutor about what the hell with not charging and arresting Sunny White. That's in a minute from Chicago Public Radio, when our program continues.

Act Three: Act Three

Ira Glass

It's This American Life. I'm Ira Glass. Today's show, How to Tell a Dumb American Story. Sierra Crane Murdoch picks up where she left off.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The prosecutor for Lake County is James Lapotka. His jurisdiction is basically the entire Flathead reservation. He's from Wisconsin, but has worked for Lake County for most of his career. He's white, in his early 40s, smiley. He looks like a Boy Scout. Mika's case had drawn more media attention than any other case he'd worked on because of Carissa's organizing.

James Lapotka

Let me try to dig this out-- 100 pages of comments from Facebook, articles from The New York Times. I got a text message from somebody who is not my friend on Facebook, saying, "You racist piece of shit. You will not try that stupid white supremacist bitch because she's white. You're garbage."

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: It was annoying. But the attention also got him more resources from the FBI and the state. He met with Carissa and Kevin briefly a couple of times in the months after Mika died.

James Lapotka

I tried to assure them, like, I'm not a white supremacist covering up a homicide for my white supremacist friend. Like, that's not what this is about. And I think I got some of that through to them. But I think that they were also a little righteously upset that we weren't moving faster.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He acknowledged that Montana Highway Patrol had made mistakes that slowed down the investigation. He had to let Sunny White out of jail because investigators hadn't collected enough evidence to charge her. He also needed Sunny's blood test results to prove she had been intoxicated, but orders at the Montana Crime Lab were backed up.

He told me he never found anything that proved Sunny hit Mika because she was Native. He couldn't verify the rumor that Sunny had come to the reservation to kill an Indian, so he couldn't charge her with a hate crime. I got the sense that he wanted to do a good job for Mika's family. The first time we met, I was struck by his genuine warmth whenever he talked about Mika.

James Lapotka

She was a delightful kid.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Really?

James Lapotka

You can tell that just by looking through her phone.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: What were some of the-- like, do you remember anything in particular that really endeared you to her?

James Lapotka

She did a lot of videos and a lot of pictures of her, a lot of selfies. They were rather innocent, kind of, like, little kid. It made me like Mika a lot more.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: It was sweet, but also it made me wonder-- if he didn't have those photos of Mika, would he like her? Would he have felt as motivated to work on her case? He didn't talk this way about Bonnie and Tricia's kids, Maureen and Aiden. He called what happened to them tragic, but he also said he didn't think a jury would have much sympathy for them. He said they made choices that put themselves at risk.

Highway Patrol concluded that Aiden was lying in the road when he was hit. He'd sent text messages to friends suggesting he was suicidal. And someone reported Maureena stumbling, intoxicated, just before she was killed. Lapotka told me he didn't see any way he could win a trial in either case.

But his explanations left out some key details, like the fact that the driver who killed Maureena was intoxicated, too, or that in Aiden's evidence file, the coroner said that Aiden's injuries indicated that he'd been standing when he got hit, not lying down. All of this was the sort of reasoning that caused so much agony for Tricia and Bonnie, the feeling that law enforcement assumed their kids were responsible for their own deaths.

Six months after Mika was killed, in October of 2023, Lapotka was finally close to filing charges against Sunny White. He invited Carissa and Kevin into his office to hear about the evidence he had compiled against her.

James Lapotka

I was kind of excited. I'm like, hey guys, look, I-- look, we did it! Look, I have all this stuff. This is what we've got. Let me show you the whole thing. And then this is the timeline and what to expect. That's how I felt. That meeting was-- what that meeting was for.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: That's not how Carissa and Kevin felt about the meeting. One of the pieces of evidence he showed them was body cam footage from the day Mika was killed, just hours after Sunny hit her. Her SUV, a Cadillac Escalade, had broken down in a church parking lot. It was missing the passenger side mirror. Police had found the mirror not far from Mika's body. In the video, the officer talks to Sunny outside her car. Her two young kids are in the back.

Kevin Howard

And she's totally just manipulating the shit out of the sheriff, or deputy. She's crying and-- oh, my gosh, I don't know what's happening. And that sheriff is like, oh, it's-- letting her smoke cigarettes. Like--

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: She's not contained--

Kevin Howard

I'm thinking, like--

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: --not handcuffed.

Kevin Howard

--if this was a Native woman, she would be stuffed and cuffed immediately.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: I saw this video. The deputy does actually cuff Sunny for a few minutes. He tells her she didn't hit a deer-- she hit a person. And she starts crying, asks if she's going to prison forever. Not forever, he says. But then he takes the cuffs off. Her brother-in-law had shown up to pick up her kids. Sunny starts moving car seats and bags into his truck.

Kevin Howard

I'm like, Lapotka, what the hell? This is a potential crime scene, and he's letting her move items from the vehicle.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I was quiet that whole thing. I didn't say one thing because I was mad. Is everyone this dumb [LAUGHS] in this world that are in these positions of power? And we're telling them what they need to look for or do, how to do their-- I don't know. Me and Kevin's looking at each other, and we're like, oh, my god. It's crazy, you know? I just can't believe it, sometimes.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Lapotka thinks that Sunny's phone was probably in one of those bags. Highway Patrol never found it. That slowed down the investigation. He suspects there were drugs and paraphernalia in those bags, too. Her toxicology came back positive for methamphetamine and fentanyl.

James Lapotka

I will readily acknowledge that in hindsight, we should have not let her remove evidence from the vehicle while we're doing an investigation. That should not have happened.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: But he also told me one of the kids was in a diaper and needed clothes, so he could see why the officer let Sunny move some bags. I kept noticing this dynamic whenever I asked Lapotka about a mistake law enforcement made. He'd readily acknowledge it, but then he also always had an explanation that assumed the officers had good intentions.

Like, when I asked him about Bieber taking Mika's phone, he said, yeah, his bedside manner sucked. But Bieber is also a good guy, and he needed her phone to quickly rule out suicide. If she had been suicidal, it could cause problems for them at trial.

Montana Highway Patrol finally arrested Sunny White just a few days after Lapotka showed Carissa and Kevin the body cam footage. She was charged with negligent vehicular homicide, leaving the scene, drug possession, and child endangerment. Lapotka called Carissa to tell her the news.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I couldn't believe that it was happening.

Kevin Howard

Yeah, it was shocking if you just think about the fact that it took us seven months to get to square one.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Would you have brought charges without the amount of media attention that Kevin and Carissa brought to this case?

James Lapotka

Yes. It might have taken a little longer, and it might not have been as good. I think eventually, we would have brought charges. Honestly, the amount of media attention made it easier for me to get help from people. So our case ended up being better because of what they did, but they didn't have to do that to get my attention.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Sunny White pleaded not guilty and posted bond immediately-- $100,000. I reached out to her for an interview and didn't hear back. Now that Sunny had been arrested, Kevin and Carissa had a new goal. They announced it to the media at a press conference outside the Lake County courthouse.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I'm thankful that today finally happened, where Sunny White was read her charges. I don't want the judge and the county to take the easy way out, doing a plea bargain. I would like to see this go to trial.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: What did a trial mean to you? Like, what would a trial have given you?

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I was thinking, yeah, plea bargain, that's the easy way out. That's keeping it hush-hush, sweeping it under the rug. That's cutting the media out and all that. You know what I mean? It's ending abruptly when we did all this. And looking at the bigger goal as, it would be trial, and everything would be laid out and all that, you know? That's what I visualized.

Kevin Howard

Yeah, if it was to go to trial, Lapotka and Lake County would have had, and the Montana Highway Patrol would have had to present it to the world exactly how they investigated this case. Any halfway decent attorney would have been able to pick apart their so-called investigation and evidence.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Yeah, that's so interesting. Like, would you say you wanted the state to lose?

Kevin Howard

I mean, absolutely, which kind of probably sounds ridiculous. So I mean, Mika is gone. There's nothing that's going to ever bring her back. So I would sacrifice Mika's personal justice for a big-picture justice. You know what I mean? That would be a very easy sacrifice for me, personally.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Kevin kept thinking about this one time, shortly before Mika was killed. He was in the kitchen.

Kevin Howard

I came in the house to eat something, and Mika was in her room. And she comes bolting out, like, hey, bro, if someone murked me, you'd forgive them, right? And I just remember, like, what are you talking about, weirdo? And she's like, well, you would, right? And I was like, I don't know. Would you want me to? She said, well, yeah. And I was like, well, then, yeah, I guess.

To me, it was like some dumb thing she would say. But and then later, she's dead by the hands of someone else. And I was, like-- it tripped me out, you know? I had to forgive that-- Sunny White right away. And I did, you know?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Forgiving Sunny was easier than he thought. He wasn't angry at her. He was angry at Montana and Lake County for how they handled this case, for how they handled Bonnie's and Tricia's cases, too. It was the state's fault that a driver could leave a Native pedestrian to die on the side of the road and think she'd get away with it.

A trial date was set for December 2024. Lapotka invited Carissa and Kevin to his office for another meeting. He had some good news. The case had become so high-profile that the Montana Attorney General's Office sent in one of its best trial attorneys, Thorin Geist. And he'd gotten Mika's blood alcohol content excluded from trial. This was a big win for Carissa and Kevin. Mika had been over the legal limit for walking on the road. But within a couple of minutes, the real point of this meeting became clear.

James Lapotka

Sunny's attorney came to us a couple of weeks back and wanted to talk about what we think would be a fair resolution to this case, but we wanted to consult with you before we made any formal offer.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: So that's a plea bargain, right?

James Lapotka

Yeah.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: OK.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: A plea bargain. Carissa is caught off guard. She thought she'd made it clear to Lapotka that they wanted a trial. Lapotka says he is ready to go to trial, but he also wants to offer a plea because anything can happen at a trial. They could lose the whole thing on one jury member.

And even if they did win, Sunny would likely file an appeal. It could take years to work its way through the courts. Lapotka is in this dance with the family. He doesn't have to do what the family says, but he has an incentive to get them on his side, because if the family doesn't want a plea bargain, the judge could reject it. So Lapotka keeps pressuring them to consider a plea deal, but then he also keeps trying to make it seem like he's not.

James Lapotka

We are not afraid. I don't want you to think we're just trying to settle this so we can go home.

Kevin Howard

To me, this is an opportunity to make a change. I don't know. That's all--

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The state prosecutor, Thorin Geist, says he'd like to make a plea offer tomorrow. He needs them to think about numbers. If Sunny pleads guilty to the first two counts, vehicular homicide and leaving the scene, that gives them up to 40 years in prison. But she wouldn't serve all of the years she's sentenced to. They'd have to offer to suspend some of that time.

Thorin Geist

The question then becomes this-- what does justice look like to this family?

Kevin Howard

To me, the whole point of this trial would be to discourage future freakin' homicides. And so my concern is-- and I know that Mika would feel the same way-- is these other Aryan nations, we've had an influx of these groups moving here recently. They need to see these hard numbers. So there's got to be-- 40 years is like, oh, shit, that's my life. My life is essentially done.

Thorin Geist

So what do you think is appropriate?

Kevin Howard

40 years.

Thorin Geist

40 straight?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Kevin told me his strategy at this point was to offer Sunny an unrealistic deal so trial would be her only option. Lapotka turns to Carissa.

James Lapotka

Carissa, you're awful quiet over there. You were just starting to say something.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: No, I'm just thinking.

Kevin Howard

Sorry, go ahead.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: When would you like us to tell you what terms? I mean, today?

James Lapotka

If we could get--

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Oh, it is. Yeah. Gosh.

James Lapotka

--something from you by Tuesday, that would help us out a lot.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: And if sooner, we'll--

James Lapotka

Yeah.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: --yeah, we'll get a hold of you.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Up until this meeting, Kevin and Carissa had presented a united front, even when they disagreed. But this question of whether to keep pushing for trial or to sign off on a plea deal revealed a fracture between them. They didn't discuss it any more on the way home. Kevin wanted a trial.

Carissa understood, but she also understood that prosecutors were going to offer a plea, no matter what. She felt caught between aligning with her husband and showing willingness to work with the state so they didn't cut her out. She didn't want to lose what little control she had.

So when Lapotka called her a few days later to ask for a number, she told him 40 years with 20 suspended. I tried calling Kevin after to see how he felt. He didn't pick up. Instead, I got a call from Carissa. She sounded worried that I'd heard they had a disagreement.

A week passed. Sunny still hadn't accepted the plea deal, which was about to expire. Carissa and Kevin headed to court. They sat in the front row. I sat behind them, waiting for their case to come up.

Suddenly, Lapotka approached. He leaned over to whisper in Carissa's ear. Then she leaned over and whispered to Kevin. They followed Lapotka out of the courtroom. When they returned a few minutes later, I couldn't read their faces. Carissa whispered to her dad.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I just want it to be over.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The judge called up their case.

Judge

OK, so now we'll go to DC 23-344, State of Montana versus Sunny Catherine White.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The courtroom door opened again, and Sunny walked in.

Judge

I have just been handed a plea agreement. Is that correct?

Attorney

That is correct, Your Honor. And I'm sorry for our tardiness.

Judge

Oh, it's OK. All right, so--

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: I noticed that Sunny had a new tattoo on her forehead, over her right brow. It said "Aryan" in blue cursive.

Judge

So Ms. White, with your rights in mind, are you ready to enter into a plea based on the plea agreement?

Sunny White

Yes.

Judge

As to counts one and two, how do you plead?

Sunny White

Guilty, Your Honor.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Sunny's defense attorney read the facts she was pleading guilty to.

Attorney

Sunny, as to count one, on or about March 31 of 2023, did you negligently cause the death of Mika Westwolf while operating a motor vehicle while under the influence of drugs in Lake County, Montana?

Sunny White

Yes.

Attorney

And you did not render aid or remain at the scene?

Sunny White

Yes.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa started crying. She leaned into her dad.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: [CRYING]

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa and Kevin didn't get a trial, but Carissa did get something she hadn't expected-- she heard Sunny White admit to killing their daughter.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: It was a huge, almost instantaneous weight off my shoulders. I just felt it gone. And that's part of what brought on the crying. I don't know. Something just clicked inside of me where I just felt like, finally, you know? She's admitting guilt.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Of course, Kevin did not feel that way.

Kevin Howard

We just played right into their hand. It was the best-case scenario to get the family to be OK with a slap on the wrist. So I felt dirty.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: Did you sense how Carissa felt?

Kevin Howard

I did feel her relief. I think that she was really trying to ignore my vibe, which-- and I totally understand. She deserves all the credit, and she's taken on the weight of this way more than I have.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa had asked for 40 years with 20 suspended, but the plea offer Sunny agreed to was 30 years with 20 suspended. What this meant was that Sunny would spend a maximum of 10 years in prison. And she could still request parole and get out earlier.

To prevent that, Carissa and Kevin could ask the judge for a parole restriction at Sunny's sentencing hearing, make it so that Sunny would have to stay in prison the full 10 years. That way, they wouldn't have to keep returning to court to make their case every time she applied for parole. Or they could try to get the judge to reject the plea deal and send it back to trial.

George Heavy Runner

(SUBJECT) GEORGE HEAVY RUNNER: Yeah, let's put them in there.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Sunny's sentencing hearing was on a snowy morning this past February. Mika's family and supporters gathered in front of the Lake County courthouse to put up a red teepee. This was almost two years after Mika was killed. Carissa handed out Mika Matters T-shirts.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I got your shirts right here, guys.

Supporter

This is my daughter, Lisa.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Yeah, hey, Lisa. Thanks for coming.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Kevin hadn't shown up yet, and Carissa kept looking around for him.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Just waiting for Kevin to bring the extension cords for the hot chocolate.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: They'd been fighting. Kevin still didn't want the plea deal. He didn't want to endorse the state's narrative that they were getting justice. But Carissa was exhausted. She wanted it all to be over. She started venting to a friend.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: We haven't even been talking. I don't know if we're going to survive this, honestly. It's him. He can't handle what I'm doing, I guess. I don't know. It sucks. And to pull this shit, like, right before this? Selfish.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Kevin still hadn't arrived when the sentencing hearing was about to start.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I'd better get in. It's 8:53. But thank you for being here. I hope Kevin's not too late.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: The room was packed, most of them here for Mika. Mika's young cousins were curled up on their puffy jackets on the floor. Finally, Kevin arrived-- dirty boots, jeans, hoodie.

A screen to the judge's right rotated through portraits of Mika and candid family photos. One by one, the judge called her relatives up to speak. They told stories about Mika. Her Great-Aunt Iris named eight of her own relatives who have been killed on roads in Montana. I got the sense of how relentless grief can be when new cases are opening before old ones even close. Finally, it was Kevin's turn.

James Lapotka

Judge, the state calls Kevin Howard.

Judge

All right, Mr. Howard.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He slumped onto the stand, hung his ballcap on his knee.

James Lapotka

What would you like to say to the court here today?

Kevin Howard

So as you've all heard, Mika was quite a special person. As a parent, typically, we teach our children. I think in my case, I learned a lot more from her than I taught her.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He told the story again of Mika in the kitchen, when she asked if he'd ever forgive a person who murdered her.

Kevin Howard

I have no choice but to honor her wishes and forgive Mrs. White for her heinous act. But growing up on this rez, I've lost other family members in similar ways that didn't receive justice. And so for that, I cannot forgive. And until there's a change that's made, I hold Lake County responsible. I hold this court responsible.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He brought up what Montana Highway Patrol did to Bonnie after her daughter Maureena was killed.

Kevin Howard

The same lead investigator of the Highway Patrol, Wayne Bieber, stonewalled Meena's mom and basically intimidated her to just back down and let things go. So we are not receiving justice today. Even though we're all here thinking we are, you guys are pacifying us in an effort to continue about your discriminatory practices. She will be granted parole. She's a white lady with two young children. Why wouldn't she? That's the way the system works.

Judge

All right, well, you don't-- I know everything that you're saying is completely valid. I totally understand where you're coming from, but you don't actually-- you don't know what this court is going to sentence her to yet.

Kevin Howard

Thank you, Your Honor. And I hope that it's not the plea deal. I hope that we go to trial and we see exactly how this investigation took place, how we, as a family, were forced to investigate our own daughter's death. What kind of nonsense is that? You guys need to do better. I mean, how many families do you know personally, James, that have not received justice?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: He means James Lapotka, the county prosecutor.

Judge

Sorry, he can't answer you.

Kevin Howard

I'm done. Yeah. Thank you, Your Honor.

Judge

And you don't agree with the plea agreement?

Kevin Howard

Absolutely not.

Judge

You would have wanted this to go to trial?

Kevin Howard

Absolutely. And not to-- just to expose the-- the--

Judge

The treatment that you went through--

Kevin Howard

--inadequate investigation.

Judge

And it seems that you went through-- the treatment that you were subjected to is horrible. And I'm so sorry for that.

Kevin Howard

Yet nothing is being done.

Judge

And I think that it's powerful for you to come here today, though, to talk about this. And we need to hear from folks like you who have been treated badly. And so thank you for coming and saying all of that. All right. Thank you--

Kevin Howard

You can make the change, Your Honor. You can start the change.

Judge

All right. Well, thank you very much. Anything else you'd like to add?

Kevin Howard

No.

Judge

OK. You may step down.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: This is the first time the judge has heard that Mika's family doesn't like the plea deal. I wondered if the judge might actually reject the plea and send the whole case back to trial. But then Carissa took the stand.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Hello, everyone. [SIGHS] Thank you for being here.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: She pulled out a crumpled sheet from a yellow legal pad.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I had to speak up, as hard as it was, when all I wanted to do was stay in bed and do nothing and just cry. But I couldn't because that's not who I am. And that is not the people that I come from. And that's not the values that I instilled in my daughter.

And I had to do what I had to do, as hard as it was-- so hard. And this is what all these other families are up against, when you should just be able to grieve and trust the system, trust the law enforcement to have open communication with you and to trust that they're doing their job. And I didn't have that trust.

And it's breaking our family. It's causing strain between me and my husband. And most families, parents that lose a child, they don't survive when-- the loss of a child. I don't know if me and my husband will survive this.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: At the end of her statement, they cued up the ukulele video, and right before they hit Play, the judge interrupted.

Judge

What I want to know, though, in addition to everything that you've already testified to, is what you think about the plea agreement.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: I would like that the 10-year that attorneys are going to be fighting for, I would like that to be taken into consideration.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: She asked for a parole restriction, not a trial.

Judge

You may step down.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Only a few people spoke on Sunny's behalf. They emphasized what a good mother she was. They said she should get a shorter prison term so that she can return to her kids sooner.

Her defense attorney said that Sunny was a victim, too. Her husband was abusive. The night Sunny killed Mika, she was escaping a domestic violence incident. He was the white supremacist, the attorney said, not Sunny. She shouldn't be the one who shoulders all the blame.

And she shouldn't have to be punished for the ways the justice system failed Mika's family. Then she passed it off to Sunny, who stood facing the judge. She wore a cream-colored blouse and read from a piece of paper.

Sunny White

I want to start by saying, I take responsibility for my actions in these matters.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: She immediately started talking about her own kids, how she was still breastfeeding her youngest, how she was staying sober for them. She didn't try to explain or deny her white supremacy affiliations, nor did she take full responsibility for killing Mika.

Sunny White

To the family, friends, and loved ones of Mika Westwolf, I give my most sincerest apologies for the horrid pain and suffering that I played a part in causing you all. [CRYING]

Judge

All right. Thank you. OK, is there any reason why sentence should not now be imposed?

Thorin Geist

No, Your Honor.

Attorney

Not from defense.

Judge

OK, so I am going to go along with the plea agreement.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Sunny would spend 10 years in prison. But there was still the question of whether or not she could get parole before then. The judge addressed Sunny directly.

Judge

I do not find your version of events credible. This is simply you continuing to mitigate your responsibility and blaming others for what you did. So therefore, having been found guilty of count one, vehicular homicide while under the influence, sentence is imposed as follows. The defendant shall be committed to the Montana State Prison for 25 years, with 15 of those years suspended, on the following conditions. The defendant shall be ineligible for parole for a period of 10 years.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Ineligible for parole-- they had won. Carissa reached for Kevin's hand, leaned into him. They stayed seated as their relatives huddled around to embrace them.

Judge

You are remanded to the custody of the Lake County Sheriff for transportation to the Montana State Prison. All right. Anything further? All right. Thank you. We are adjourned for the day.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Sunny was handcuffed and led out the door. Carissa finally stood and gave Lapotka a long hug. People streamed out around them, glassy-eyed. Some supporters from the overflow room rushed Kevin. They said he should run for office. He seemed lighter than I'd ever seen him and surprised by the judge's ruling.

Kevin Howard

In a sense, justice prevailed, you know? It's the best we can hope for. [LAUGHS]

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Outside, at the red teepee, there was hot chocolate.

Woman

Anybody got a mug? Anyone?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Carissa gave another speech, then checked in with all the television reporters.

Carissa Heavy Runner

(SUBJECT) CARISSA HEAVY RUNNER: Those that gave testimony, we did what we came here to do today. Thank you so much.

[WHOOPING, CHEERING]

[LAUGHTER]

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Every time they'd won something they didn't expect to win, Carissa told me she felt bittersweet. She pushed so hard to show other families that they deserved justice. And now here she was, getting what other families didn't get. Throughout the testimony, I kept looking at Bonnie, Maureena's mother, wondering what she was thinking.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: How did it feel for you to hear Sunny White admit to killing Mika?

Bonnie Ascencio

It felt really good. It felt good. I heard her voice shake a little bit. I pictured the girl that hit my daughter. I pictured her being up there. I told myself that was OK if that didn't happen for me. I don't have to know why things happened. It just was-- I cried of happiness when I left. (EMOTIONALLY) There is some things, some justice you could get from other people's winnings.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Tricia, Aiden's mom, didn't go to the sentencing. She's the one Lapotka told he couldn't file charges because the statute of limitations had passed.

Tricia Finley

I wanted to go. Carissa asked me to go. And then my stomach just-- it was probably anxiety or stress.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: I asked Tricia how she felt about the outcome.

Tricia Finley

Mixed. Mixed emotions, you know. Happy, mad.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: And mad because?

Tricia Finley

Because--

Georgi

Why can't it be you?

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Why can't it be you? That's Trisha's mom, Georgi. They were sitting next to each other on the couch.

Tricia Finley

Yeah. I'm-- I'm sorry.

Sierra Crane Murdoch

(INTERVIEWER) SIERRA CRANE MURDOCH: No, it's OK.

(HOST) SIERRA CRANE MURDOCH: Georgi went to the sentencing hearing instead of Tricia.

Georgi

It gives me hope that Aiden's going to be next, that there will be some justice.

Tricia Finley

I mean, that's cool. I mean, I pretty much don't have hope anymore. But I don't want you to not have hope. I don't want Audrey to not have hope.

Sierra Crane Murdoch

(HOST) SIERRA CRANE MURDOCH: Audrey is her daughter. Tricia's marriage didn't survive Aiden's death. She told me it wasn't just grief. It was the way grief turned her into a different person, an angrier person, a person exhausted from pushing for answers. This is how grief affected all of the other parents I met, which makes what Carissa and Kevin did feel even more extraordinary.

But it cost them, too. A week after sentencing, I got a text from Carissa. She and Kevin broke up. When I talked to her, she wasn't sure what was going to happen between them. She said they were working on it. For the anniversary of Mika's death last month, Carissa told Kevin she wanted to spend the day in the mountains, just them and their son, as a family.

Ira Glass

Sierra Crane Murdoch. She's writing a new book, and a big part of it is this case. Her first book-- if you liked this story, you will really like that one. It's called Yellow Bird-- Oil, Murder, and a Woman's Search for Justice in Indian Country. It was a finalist for the Pulitzer Prize.

Credits

Ira Glass

Our program was produced today by Miki Meek. Dana Chivvis edited the show. The people who put together today's program include Jendayi Bonds, Michael Comite, Emmanuel Dzotsi, Angela Gervasi, Katherine Rae Mondo, Stowe Nelson, Ryan Rumery, Frances Swanson, Marisa Robertson-Textor, Julie Whitaker, and Diane Wu. Our managing editor is Sarah Abdurrahman. Our senior editor is David Kestenbaum. Our executive editor is Emanuele Berry.

Special thanks today to the Fund for Investigative Journalism, Sarah Twoteeth, Bryan Dupuis, Cheryl Horn, Dave Blanchard, and Becky Blanchard and family. This American Life is delivered to public radio stations by PRX, the Public Radio Exchange. Quick program note-- we keep doing these bonus episodes every two weeks for our Life Partners. The latest one, I do a stand-up set on stage. If you're curious about all this and want to become a Life Partner, go to thisamericanlife.org/lifepartners.

Thanks, as always, to our program's co-founder, Mr. Torey Malatia. Every day, I see him in the hallway here at the office. He always says the same exact thing to me.

James Lapotka

I'm not a white supremacist covering up a homicide for my white supremacist friend.

Ira Glass

I believe you, Torey. I'm Ira Glass. Back next week with more stories of This American Life.

[ACOUSTIC MUSIC]

Thanks as always to our program's co-founder Torey Malatia