A federal appeals court has officially affirmed the convictions of a mother and son for a violent 2023 killing on the Cheyenne River Sioux Indian Reservation, rejecting arguments that “gaps” in security footage should have kept the evidence out of the hands of a jury.
In a ruling issued Wednesday, the U.S. Court of Appeals for the Eighth Circuit sided with the government in the case of Bailey Belt and Theodora Belt. The pair was convicted of murdering Elijah Morrison during a chaotic early-morning brawl in Bridger, South Dakota.
The incident began around 1:00 a.m. on May 27, 2023, during a gathering at the home of Morrison’s brother. According to court records, a verbal dispute turned physical after a car was set on fire. Prosecutors alleged that Bailey Belt struck one man with a shovel before he and his mother turned their attention to Elijah Morrison.
READ: “That Is Part of the Game”: Missouri Drug Dealer Handed 19-Year Sentence Over Fake Oxycodone
A neighbor’s surveillance camera captured audio of a male voice screaming “Stop” while someone was beaten on the ground. Another voice was heard shouting, “Get him. Run him over.” A minor witness later testified to seeing the mother and son kick Morrison before getting into a dark sedan and driving over him. Morrison died shortly after police arrived.
The central issue on appeal was whether the surveillance video—which was recorded automatically through a phone app—was reliable enough to be used as evidence. The defense argued that because the video consisted of clips with significant time gaps (some lasting over 20 minutes), it was possible the footage had been tampered with or deleted.
The court noted that the neighbor who owned the camera passed away before the trial, leaving no one to explain exactly why the camera didn’t record continuously.
However, the three-judge panel ruled that the footage was “authenticated” because its contents matched physical evidence. Investigators found Elijah Morrison’s blood on the exterior of Theodora Belt’s car and a mixture of the victim’s and Bailey Belt’s DNA on the interior windshield.
READ: Kentucky Man Man Handed 24-Year Sentence After Violent Two-Day Robbery Spree
“The government is not required to exclude all possibilities of tampering,” the court wrote, noting that gaps in a recording generally affect the weight a jury gives to the evidence, not whether it can be shown in court.
The court also upheld a “vulnerable victim” sentencing increase for Bailey Belt. The district court had previously ruled that because Morrison was already semiconscious and incapacitated from the initial beating when the Belts ran him over, he was “unusually vulnerable.” Bailey Belt argued this shouldn’t count because Morrison only became vulnerable during the crime, but the appeals court disagreed, stating the law doesn’t require a pre-existing condition.
The decision wasn’t unanimous. Circuit Judge Kelly dissented, arguing that the mystery surrounding the camera’s operation was too great. Kelly pointed out that no one knew the brand of the camera or if the app allowed for easy deletion of clips, suggesting the “substantial” gaps made the recording untrustworthy.
Despite the dissent, the ruling stands, and the convictions for both Bailey and Theodora Belt remain in place.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox
