Michael Swan

SD Department of Corrections

A Milbank man convicted of second-degree murder is getting a new trial.

A Third Circuit jury found Michael Swan guilty in September 2017 of stomping his wife to death a year earlier. Swan was at that time 63 years old, and his wife was 77.

The trial judge refused to give the jury an instruction that they could also consider a lesser charge of manslaughter.

The Supreme Court says the trial judge abused his discretion by doing so.

SDPB's Victoria Wicks has this story.