Attorney General Marty Jackley responded to Thursday's decision by the South Dakota Supreme Court to uphold the death sentence of Eric Donald Robert.
"The death sentence is reserved for only the most brutal crimes that are committed," said Jackley. "The horrific actions of Robert leave no other alternative and justify the sentence of death."
Eric Robert, 50, pleaded guilty to killing Ron Johnson in April 2011 and asked to be executed for the crime. A circuit judge sentenced Robert to death and set his execution for May. The Supreme Court postponed the execution so it could review the case. It ruled Thursday that the death sentence was proper.
The unanimous ruling says the sentence is proportionate to the crime and aggravating circumstances justify the death penalty. The high court says Circuit Judge Bradley Zell can now issue another execution order.
A second inmate involved in the escape attempt, 49-year-old Rodney Berget, also pleaded guilty and was sentenced to death.
