Birdshead is currently facing two alternative counts of first degree manslaughter and one count of commission of a felony while armed with a firearm. The initial arrest report listed the charge as second degree murder.

Pennington County State's Attorney Mark Vargo says, "Murder requires a depraved mind, second degree murder. A manslaughter count as we've charged it requires that the homicide was unnecessary, or in the first count, that is was in the commission of a felony. In this case, we've alleged that it was in the commission of a distribution of a controlled substance."

Vargo says the charges could change by the time Birdshead is indicted by a grand jury or has his preliminary hearing.

A conviction on the first degree manslaughter charge could mean up to life in prison, and he could get up to 25 years on the felony with a firearm charge.

In court Tuesday, Birdshead said he is tired of running, realizes this is serious and wants to take care of it in the best way he can. Magistrate Judge Heidi Linngren ordered Birdshead held without bond.

Eustacio Marrufo was found dead in the South Dakota Rose Inn parking lot on January 7th from a single gunshot wound to the chest.

-Jack Caudill