858: How to Tell a Dumb American Story

Summary

This American Life: Episode 858 – "How to Tell a Dumb American Story"

Host: Ira Glass
Producer: This American Life in collaboration with WBEZ Chicago
Release Date: April 13, 2025

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Introduction: The Story of Micah Westwolf

In this emotionally charged episode, This American Life delves into the harrowing case of Micah Westwolf, a 22-year-old Native American woman from the Blackfeet Nation, who was tragically killed in a hit and run incident. Hosted by Ira Glass and reported by Sierra Crane Murdoch, the episode explores themes of systemic injustice, racial discrimination, and the relentless pursuit of justice by Micah’s grieving parents, Kevin Howard and Carissa Heavy Runner.

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The Night Micah Was Killed

[02:26] Kevin Howard:
"Micah's family lives on the Flathead Indian Reservation. It's in a valley surrounded by big, toothy mountains. Micah was 22 years old the night she was killed."

Kevin recounts the events of that fateful night when Micah and her younger brother were returning home after visiting a bar. Micah decided to walk home to retrieve her misplaced phone, leading to her being fatally struck by a vehicle driven by Sunny White, a white woman with alleged ties to white supremacist groups.

[02:48] Kevin Howard:
"He thought the driver might get away with it. The driver was white. Micah was Native, a citizen of the Blackfeet Nation."

Sarah, Kevin's wife, recalls the initial response from the tribal police and their hopes that the perpetrator would be brought to justice. However, the reality of their distrust in law enforcement quickly set in.

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Initial Interactions with Law Enforcement

[03:19] Micah Westwolf:
"...I repeated, she did not have her phone on her. It was in her brother's car. Why do you need it?"

When Kevin and Carissa approached the Montana Highway Patrol, led by investigator Wayne Bieber, intentions to procure Micah’s phone were met with resistance and vague explanations. The family suspected racial bias played a role in the mishandling of the case.

[07:18] Wayne Bieber:
"I've been running around with my head cut off the last couple weeks, trying to get caught up on a bunch of other stuff."

Bieber’s dismissive attitude further fueled the Howard family’s frustration and determination to seek justice independently.

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A History of Injustice Against Native Communities

Sierra Crane Murdoch provides historical context, highlighting the long-standing mistrust between Native American communities and law enforcement. Since the 1860s, policing on reservations has often prioritized the safety of white settlers over the protection of Native citizens, leading to systemic neglect and underprosecution of crimes affecting Indigenous people.

[11:35] Sierra Crane Murdoch:
"Trust of law enforcement has only grown."

This systemic issue is underscored by statistics revealing that Native pedestrians are six times more likely to be victims of hit and runs compared to their white counterparts, with perpetrators rarely held accountable.

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Taking Matters into Their Own Hands

Confronted with bureaucratic inertia, Kevin and Carissa decide to investigate Micah’s death themselves. Collaborating with tribal advocate Erica Shelby, they gather evidence, secure surveillance footage, and connect with a lawyer to press for accountability.

[15:36] Carissa Heavy Runner:
"If you name your kids Aaron and Nation, chances are you're an affiliate."

The Howard family's investigative efforts reveal disturbing patterns of white drivers evading justice, often escaping severe consequences due to systemic loopholes and prejudiced judicial practices.

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Community and Collective Action

Realizing the power of collective action, Kevin and Carissa organize a four-day march along Highway 93, bringing national attention to the plight of Native pedestrians. Their activism inspires other families, including Bonnie Asensio and Tricia Finley, who have lost children in similar circumstances, to join the fight for justice.

[27:38] Carissa Heavy Runner:
"Americans are dumb like that. They just need us, you know, like the big villain and the kind sweethearted victim or whatever."

The march, coupled with strategic use of social media campaigns like the "Micah Matters" Facebook group, amplifies their message and pressures law enforcement to act.

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Legal Struggles and the Pursuit of Justice

Despite mounting evidence, prosecutorial challenges persist. Lake County prosecutor James Lapotka faces immense pressure yet struggles to secure convictions against drivers like Sunny White. The ensuing legal battles reveal deep-seated biases and procedural shortcomings within the Montana Highway Patrol and the broader judicial system.

[33:04] Bonnie Asensio:
"I tried to assure them, like, I'm not a white supremacist comfort and up a homicide for my white supremacist friend."

Lapotka’s handling of cases often leans towards leniency, attributing deaths to victims' alleged misconduct rather than holding drivers accountable, thereby perpetuating a cycle of injustice.

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The Climactic Plea Deal

After relentless advocacy and media attention, Sunny White is finally charged with negligent vehicular homicide. The Howard family faces a moral dilemma when offered a plea deal that significantly reduces potential incarceration time.

[40:58] Kevin Howard:
"I was thinking like, yeah, plea bargain. That's the easy way out."

Carissa, the family's spokesperson, grapples with accepting the deal, weighing personal justice against broader societal change. Her internal conflict strains her marriage with Kevin, highlighting the personal toll of their activism.

[56:07] Carissa Heavy Runner:
"I hold Lake County responsible. I hold this court responsible."

Ultimately, the plea deal is accepted, resulting in Sunny White receiving a 25-year sentence with 15 years suspended and a parole ineligibility period of 10 years. While Carissa feels a sense of closure, Kevin remains dissatisfied, feeling that true justice remains elusive.

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Aftermath and Reflections

The episode concludes with reflections on the lasting impact of Micah’s death on her family and community. Carissa and Kevin’s relationship suffers under the weight of their unresolved grief and differing approaches to justice. Their story serves as a poignant commentary on the systemic issues facing Native American communities and the personal sacrifices made in the quest for justice.

[57:58] Kevin Howard:
"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."

Sierra Crane Murdoch hints at broader implications and forthcoming revelations in her new book, emphasizing the ongoing struggle for accountability and equality in Native American territories.

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Notable Quotes

• Carissa Heavy Runner [02:48]:
  "Like, if you knew Micah, probably the most stubborn person I know, like, she would just fight tooth and nail over the dumbest thing to the bitter end."

• Kevin Howard [05:37]:
  "Why wouldn't she be in jail still?"

• Carissa Heavy Runner [44:55]:
  "Miss. This is an opportunity."

• Micah Westwolf [57:58]:
  "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."

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Conclusion: A Call for Change

This American Life episode "How to Tell a Dumb American Story" offers a gripping exploration of a family's fight against systemic injustice. Through meticulous storytelling and evocative interviews, the episode sheds light on the pervasive issues facing Native American communities and underscores the enduring resilience of those seeking truth and accountability.

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Produced by: Nikki Meek
Edited by: Dana Chivas
Additional Contributions: Gendai Bonds, Michael Kamate, Michael Daniel Jochi, Angela Gervasi, Catherine Raimondo, Stone Nelson, Ryan Rummery, Frances Swanson, Marisa Robertson, Texter, Julie Whitaker, Diane Wu
Managing Editor: Sara Abderrahman
Senior Editor: David Kestenbaum
Executive Editor: Emmanuel Berry
Special Thanks to: Fund for Investigative Journalism, Sarah Two Teeth, Brian Dupuis, Cheryl Horne, Dave Blanchard, Becky Blanchard and family

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This American Life continues to be the most popular weekly podcast globally, offering true stories that resonate with the human experience, enriched by moments of humor, profound emotion, and unexpected twists.

Transcript

[Ira Glass]

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[Sierra Crane Murdoch]

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 Micah 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. Micah 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 Micah's case. Because Micah's parents had recordings of nearly all their interactions with law enforcement. Micah's parents did some other things too. They were very strategic and did some extraordinary things other families had not tried to make sure. Micah'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, CIS American Life, I'm Ira Glass and with that I hand it over to Sierra.

[Kevin Howard]

Micah's family lives on the Flathead Indian Reservation. It's in a valley surrounded by big, toothy mountains. Micah 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. Micah 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 4am, 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.

[Carissa Heavy Runner]

You know, they Told us Micah 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 actually apprehend, you know, so. And I just, you know, I gave the cops a hug, and I was like, thank you, guys, or whatever, you know, I'm glad that you guys were there.

[Kevin Howard]

Later that day, Kevin and his wife Carissa, heavy runner Micah'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 Micah'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 he was adamant.

[Micah Westwolf]

About following us home to get it. And, you know, 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 gonna, you know, show or whatever. And then he said, we. We need to look at all aspects. I was torn, fought with myself, and I thought I was helping. And so I gave him the phone.

[Carissa Heavy Runner]

Up here at our house, when you're handing it to him. I was like, oh, my kid's just freaking. Just pissed off right now. 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 Micah was like, no, no, don't give it to him.

[Kevin Howard]

Yeah, well, you tell me more about that.

[Carissa Heavy Runner]

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

[Kevin Howard]

Micah 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.

[Micah Westwolf]

You could hear her, like, probably even in the garage, just laughing. And her laugh was just so loud. Like, her sound just echoed. Or if she was mad, just like. Like, you know, just had to let that energy out and just things like that. She would do. Run into our room, fart, run away, just laughing all the way she was like that.

[Kevin Howard]

A week after Micah's death, Kevin got a text from a friend. The driver who killed Micah 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 Micah, but because she'd allegedly just kidnapped her two kids. There was a police alert out for.

[Carissa Heavy Runner]

Her and it had like the names of the kids and all that.

[Micah Westwolf]

She had a four year old daughter named Arian and I believe a two year old son named Nation.

[Kevin Howard]

Arian and Nation. Carissa also got a text from a friend around the same time.

[Micah Westwolf]

She said that a tribal police officer pulled over a woman, non native, and she had said, I came here to kill Landon. I remember I was speechless. After that. It's just like, you know, like thinking, could it have been a hate crime? You know, could she have driven by, turned around, came back in her and thought, oh, I'm not going to get caught.

[Carissa Heavy Runner]

Like we were always warned as kids, like, yeah, watch out. Like 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.

[Kevin Howard]

Carissa and Kevin had so many questions. First, why wasn't Sonny White in jail hours after she hit and killed Micah? Sonny 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 Micah's phone? He'd promised to call, but he never did. Karissa 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. Can I ask who was calling again? One more time. Sorry about that.

[Micah Westwolf]

Carissa. Heavy runner. The mother of Michael Westwolf. You gave me your number when we were putting across 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 weeks, trying to get caught up on a bunch of other stuff. Have you talk to anybody else as far as things go?

[Micah Westwolf]

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.

[Kevin Howard]

Bieber tells Carissa he's applied for some warrants and then keeps talking about how busy he is.

[Micah Westwolf]

Just, how come. How come she's. 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, 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. Okay, 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.

[Micah Westwolf]

Okay.

[Kevin Howard]

How confident did you feel in the investigation at that point?

[Micah Westwolf]

Not confident at all.

[Carissa Heavy Runner]

He told us on. On the phone. Oh, everything I touch turns to poo.

[Micah Westwolf]

Everything I touch.

[Carissa Heavy Runner]

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

[Micah Westwolf]

I guess this is who's investigating our daugh daughter's case. This is who we're supposed to, you know, rely on to give us information and who we're supposed to trust.

[Carissa Heavy Runner]

Like, this guy is inept.

[Kevin Howard]

I asked Montana Highway Patrol several times for an interview with Wayne Bieber, but they declined.

[Sierra Crane Murdoch]

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.

[Ira Glass]

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[Kevin Howard]

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[Kevin Howard]

Capital One NA Member FDIC.

[Sierra Crane Murdoch]

This is American Life. Sarah Crane Murdoch picks up the story of Michael Westwolf and her parents.

[Kevin Howard]

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. Chrissa and Kevin were convinced Bieber wasn't investigating Micah'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 Micah 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. Three weeks after Micah's death, Bieber finally visited Kevin and Carissa at their house. They remember him standing awkwardly in the kitchen. Chris 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 Sonny White behind bars?

[Carissa Heavy Runner]

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.

[Kevin Howard]

A walk path. He's not talking about Sonny White's intoxication. He's talking about micas. This is the first time anyone in law enforcement has mentioned to Kevin and Carissa that Micah 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, so, but what's that have to do with her being out?

[Wayne Bieber]

The totality of the circumstances, looking back at the whole thing as a offense.

[Kevin Howard]

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.

[Carissa Heavy Runner]

Well, I mean, if the other person was in violation of the law as well. Wouldn't Mike could 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.

[Carissa Heavy Runner]

So Micah. Micah's toxicology, though, came back where she was impaired.

[Wayne Bieber]

So these are things that take time in order to process.

[Carissa Heavy Runner]

I guess my concern would be, like, that's kind of your justification for her not being currently in jail would be Micah'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.

[Carissa Heavy Runner]

But we don't know that. Right.

[Wayne Bieber]

Okay. The totality of the circumstances.

[Kevin Howard]

Kevin asks him if he's gathering any of the surveillance footage from the night Micah 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 Micah or sped up.

[Wayne Bieber]

What would be that? You're trying to look for anything and.

[Carissa Heavy Runner]

Everything to get, like, the total. 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. We're not investigating it as such.

[Wayne Bieber]

What is it that you're.

[Carissa Heavy Runner]

I mean, it's about her children's names.

[Micah Westwolf]

Aryan and Nation.

[Wayne Bieber]

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

[Carissa Heavy Runner]

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

[Wayne Bieber]

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

[Carissa Heavy Runner]

Well, then you shouldn't look at it as Micah was drunk on the side of the road. So we don't. We treat it to me.

[Micah Westwolf]

No, no, no, no.

[Kevin Howard]

Karissa is quiet. She's now suspicious of Bieber. He has Micah'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.

[Carissa Heavy Runner]

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.

[Carissa Heavy Runner]

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

[Kevin Howard]

He says no. Kevin told me Bieber held up the phone in an evidence bag, sealed it shut.

[Carissa Heavy Runner]

So I guess I'm confused as to. That's our property. That's my property. That wasn't. That wasn't on the scene, and now.

[Wayne Bieber]

It has to get a warrant to collect any information that may be valuable.

[Micah Westwolf]

To the investigation, 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 over. And it's like his tires were just spinning. And we're just standing at the window, like, laughing. And I was like, did that really just happen?

[Kevin Howard]

When the Montana Highway Patrol applied for the warrant to search Micah's phone, it listed intoxication while walking on a road as the crime they were investigating, not the crime that killed Micah. Carissa and Kevin have been together for 18 years. Carissa is native Blackfeet and Danae. Kevin is white, but he grew up on the Flathead reservation. A lot of his family is Salish Kootenay, including his son. They met as single parents when Kevin's son was 3 years old and Micah was 6. 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 Micah was a good shot, but she always intentionally missed. How has losing Micah impacted your marriage?

[Micah Westwolf]

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 as this doesn't make me sad. I'm gonna cry. I don't wanna do that, 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 Micah loved.

[Kevin Howard]

There's a saying about the highway Micah died on. Pray for me. I drive 93. Carissa and Kevin could name three other Native people who'd 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 Asensio's daughter Marina, was killed in 2022.

[Wayne Bieber]

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.

[Kevin Howard]

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.

[Carissa Heavy Runner]

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

[Micah Westwolf]

Serious, you know, 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.

[Kevin Howard]

Marina 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 Marina 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.

[Wayne Bieber]

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

[Kevin Howard]

It felt to Bonnie like Lapaka 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, Lapatka, 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, so they couldn't find him from November till April.

[Bonnie Asensio]

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

[Carissa Heavy Runner]

Why wouldn't it?

[Bonnie Asensio]

Because we didn't.

[Kevin Howard]

Because they couldn't find him.

[Bonnie Asensio]

That's what it Looks like, because I'd have had until the first week in December.

[Kevin Howard]

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

[Bonnie Asensio]

My guess is they weren't in a.

[Carissa Heavy Runner]

Really big hurry to.

[Bonnie Asensio]

To do anything in November and probably didn't understand that there was a statute of limitations window closing. I bet they weren't paying attention to that at.

[Kevin Howard]

Isn't that their job though?

[Bonnie Asensio]

Yeah. Yeah, it is.

[Carissa Heavy Runner]

So because of that.

[Kevin Howard]

There'S like they're gonna get away with it.

[Bonnie Asensio]

I hope not, but that's a possibility.

[Kevin Howard]

The driver did get away with it. Lapaka couldn't find a way to charge the case. I reached out to Montana Highway Patrol about Bonnie and Trish's cases, but they declined to answer my questions. There were two harms when Micah 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 get Sonny White arrested. Their strategy was public pressure. They would bring attention to Micah'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. 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 excited people on the reservation were when he delivered the state's biggest newspaper with Micah's face on the front page. Karisa created a Facebook group called Micah Matters and quickly collected over a thousand followers. She started getting invitations to speak at big events, like at the grandstand for the Missoula County Fair.

[Micah Westwolf]

Imagine if this was your child.

[Kevin Howard]

There's this one video that Carissa shared with the media that blew up. It's of Micah. She's in their laundry room with a ukulele singing a parody she wrote of Vance Joy's Riptide. I was scared of res dogs and the wynos she's singing. I was scared of res dogs in the wild. I was scared of drunk drivers and catching head lice.

[James Lopatka]

I was scared of drunk drivers and.

[Kevin Howard]

Catching head lice of all my cousins. 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. Was there an aspect of Micah's case that felt to you like, oh, this has the potential to become big?

[Micah Westwolf]

Oh, yes. I believe it was because of the woman that hit her and her children's.

[Carissa Heavy Runner]

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

[Kevin Howard]

Yeah. Did it ever feel to you? You're like, oh, this is sort of like the perfect victim and perfect civilian narrative, right?

[Carissa Heavy Runner]

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

[Kevin Howard]

This perfect, dumb American narrative of victim and villain, innocent and guilty. Kevin and Carissa realized that Micah'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.

[Carissa Heavy Runner]

We're definitely yin and yang. Like, if it was just me, like, I'm gonna be. No one's gonna like me. No one's gonna talk to me. I'm gonna piss everyone off and it's. I'm not gonna get anything accomplished by myself. Whereas Chrissa is the complete opposite. Everyone is gonna want to talk to her. Everyone likes her, you know, so I think it's nice to sneak in a couple, like, you know, 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, like, Debbie Downer type dude that hates everything.

[Kevin Howard]

Yeah, I'm really struck by that.

[Carissa Heavy Runner]

It's like, 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.

[Kevin Howard]

What's going through your head, Karisa?

[Micah Westwolf]

I just, I don't know. I appreciate my husband so much 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.

[Sierra Crane Murdoch]

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

[Ira Glass]

Support for this American Life comes from Squarespace, their AI enhanced website builder. Blueprint AI can create a fully custom website in just a few steps, using basic information about your industry goals and personality to generate premium quality content and personalized design recommendations. And get paid on time with branded invoices and online payments. Plus, streamline your workflow with built in appointment scheduling and email marketing tools. Head to squarespace.comamerican for 10% off your first purchase of a website or domain.

[Bonnie Asensio]

This message comes from Capella University. The right support can make a difference. That's why at Capella University, learning online doesn't mean learning alone. You'll get support from people who care about your success and are there for you every step of the way. Whether you're working on a bachelor's, master's or doctoral degree, you can learn confidently, knowing you'll get the dedicated help you need. A different future is closer than you think with Capella University. Learn more at Capella Eduardo. This message comes from NPR sponsor Rosetta Stone, an expert in language learning for 30 years. Right now, NPR listeners can get Rosetta Stone's lifetime membership to 25 different languages for 50% off. Learn more at rosetta stone.com NPR.

[Micah Westwolf]

This.

[Sierra Crane Murdoch]

Is American Life from Hour Glass. Today's show, how to tell a dumb American story. Sarah Crane Murdoch picks up where she left off.

[Kevin Howard]

The prosecutor for Lake county is James Lopotka. 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. Micah's case had drawn more media attention than any other case he'd worked on because of Chris organizing.

[Bonnie Asensio]

Let me try and dig this out. 100 pages of comments from Facebook, articles from the New York Times. I got a text message from somebody who's 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.

[Kevin Howard]

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 Micah died.

[Bonnie Asensio]

I tried to assure them, like, I'm not a white supremacist comfort and 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, you know, a little righteously upset that we weren't moving faster.

[Kevin Howard]

He acknowledged that Montana Highway Patrol had made mistakes that slowed down the investigation. He had to let Sonny 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 Micah because she was native. He couldn't verify the rumor that Sonny 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 Micah's family. The first time we met, I was struck by his genuine warmth whenever he talked about Micah.

[Bonnie Asensio]

She was a delightful kid, really. You can tell that just by looking through her phone.

[Kevin Howard]

What were some of the feelings like? Do you remember anything in particular that really endeared you to her?

[Bonnie Asensio]

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 Micah a lot more.

[Kevin Howard]

It was sweet. But also it made me wonder, if he didn't have those photos of Micah, would he like her? Would he have felt as motivated to work on her case? He didn't talk this way about Bonnie and Trisha's kids, Maureena 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 Marina stumbling intoxicated just before she was killed. Lapaca told me he didn't see any way he could win at trial in either case. But his explanations left out some key details. Like the fact that the driver who killed Marina was intoxicated, too. Or that in Aydin's evidence file, the coroner said that Aiden's injuries indicated that he'd been standing when he got hit. Hit, not lying down. All of this was the sort of reasoning that caused so much agony for Trisha and Bonnie. The feeling that law enforcement assumed their kids were responsible for their own deaths. Six months after Micah was killed in October of 2023, Lapaka was finally close to filing charges against Sonny White. He invited Carissa and Kevin into his office to hear about the evidence he had compiled against her.

[Bonnie Asensio]

I was kind of excited. I'm like, hey, guys, look, I've. 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.

[Kevin Howard]

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 Micah 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 Micah's body. In the video, the officer talks to Sunny outside her car. Her two young kids are in the back.

[Carissa Heavy Runner]

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

[Micah Westwolf]

Like, she's not thinking.

[Carissa Heavy Runner]

Like, if this was a native woman, she would be stuffed and cuffed. Like, immediately.

[Kevin Howard]

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. Sonny starts moving car seats and bags into his truck.

[Carissa Heavy Runner]

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

[Micah Westwolf]

I was quiet, that whole thing. I didn't say one thing because I was mad. Like, is everyone this dumb in this world that are in these positions of power, and we're like, telling them what they need to look for, for or do, how to do their. I don't know. Me and Kevin look at each other. We're like, oh, my God. Like, it's crazy, you know? Like, I just can't believe it sometimes.

[Kevin Howard]

Lapaka 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.

[Bonnie Asensio]

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.

[Kevin Howard]

But he also told me one of the kids was in a diaper and needed clothes so he could see why the officer let Sonny move some bags. I kept noticing this dynamic. Whenever I asked Lapatka 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 Micah's phone, he said, yeah, his bedside manner sucked. But Bieber's 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 Sonny White just a few days after Lapaca showed Carissa and Kevin the body cam footage. She was charged with negligent vehicular homicide. Leaving the scene, drug possession and child endangerment. Lapaca called Carissa to tell her the news.

[Micah Westwolf]

I couldn't believe that, you know, it was happening.

[Carissa Heavy Runner]

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

[Kevin Howard]

Would you have brought charges without the amount of media attention that Kevin and Carissa brought to this case, yes.

[Bonnie Asensio]

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.

[Kevin Howard]

Sonny 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 Karissa had a new goal. They announced it to the media at a press conference outside the Lake county courthouse.

[Micah Westwolf]

I'm thankful that today finally happened where Sunny White read her charges. I don't want the judge and the county to take the easy way out, Do a plea bargain. I would like to see this go to trial.

[Kevin Howard]

What did a trial mean to you? Like, what. What would a trial have given you?

[Micah Westwolf]

I was thinking like, yeah, plea bargain. That's the easy way out. That's keeping it hush, hush, sweeping it under the rug. That's, you know, 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.

[Carissa Heavy Runner]

Yeah. Like if it was to go to trial, Lapaca and Lake county would have had in the Montana Highway Patrol would have had to presented 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.

[Kevin Howard]

Yeah, that's so interesting. Like, would you say you wanted the state to lose?

[Carissa Heavy Runner]

I mean, absolutely. Which is kind of probably sounds ridiculous. So I mean, you know, Micah is gone. There's nothing that's gonna ever bring her back. So I would. I would sacrifice Micah's personal justice for a big picture justice, you know what I mean? Like, that would be a very easy sacrifice for me personally.

[Kevin Howard]

Kevin kept thinking about this one time shortly before Micah was killed. He was in the kitchen.

[Carissa Heavy Runner]

I came in the house to eat something, and Micah was in her room. And she comes like bolting out, like, hey, bro, if someone murked me, you'd forgive him, 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. 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 and it. But. And then later, she's dead by the hands of someone else. And I was, like, tripped me out, you know, I had to forgive that Sonny White right away, like. And I did.

[Kevin Howard]

You know, Forgiving Sonny 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. Lapaka 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 Micah's blood alcohol content excluded from trial. This was a big win for Carissa and Kevin. Micah 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.

[Bonnie Asensio]

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 offers.

[Micah Westwolf]

So that's a plea bargain, right?

[Kevin Howard]

Yeah. Okay. A plea bargain. Carissa is caught off guard. She thought she'd made it clear to Laaka that they wanted a trial. Laaka 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, Sonny would likely file an appeal. It could take years to work its way through the courts. Lapaka 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 Lapaka keeps pressuring them to consider a plea deal, but then he also keeps trying to make it seem like he's not.

[Bonnie Asensio]

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

[Carissa Heavy Runner]

Miss. This is an opportunity.

[Kevin Howard]

The state prosecutor, Thorin Geist, says he'd like to make a plea offer tomorrow. He needs them to think about numbers. If Sonny 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.

[Bonnie Asensio]

The question then becomes this. What does justice look like to this family?

[Carissa Heavy Runner]

To me, the whole point of this trial would be to discourage future, future freaking homicides. And so my. My concern is like, and I know that Micah 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 like 40 years is like, oh, that's my life. My life is essentially done.

[Bonnie Asensio]

So what do you think is appropriate?

[Carissa Heavy Runner]

40 years?

[Bonnie Asensio]

40 straight.

[Kevin Howard]

Kevin told me his strategy at this point was to offer Sunny an unrealistic deal, so trial would be her only option. Laucka turns to Carissa.

[Bonnie Asensio]

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

[Micah Westwolf]

I'm just thinking. Would you like us to tell you what terms I'm in today?

[Bonnie Asensio]

If we could.

[Micah Westwolf]

Oh, it is. Yeah.

[Wayne Bieber]

Yeah.

[Bonnie Asensio]

Something from you by Tuesday that would.

[Micah Westwolf]

Help us out and as sooner we'll. Yeah.

[Kevin Howard]

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

[Micah Westwolf]

I just wanted to me over.

[Kevin Howard]

The judge called up their case.

[James Lopatka]

Okay, so now we'll go to DC 23, 344. State of Montana. Vers sunny Catherine White.

[Kevin Howard]

The courtroom door opened again, and Sunny walked in.

[James Lopatka]

I have just been handed a plea agreement.

[Kevin Howard]

Is that correct? Yes, that is correct.

[James Lopatka]

Your Honor, I'm sorry for our tardiness. Oh, it's okay. All right.

[Kevin Howard]

So I noticed that Sunny had a new tattoo on her forehead. Over her right brow, it said Aryan in blue cursive.

[James Lopatka]

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

[Kevin Howard]

Yes.

[James Lopatka]

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

[Kevin Howard]

Guilty, you, Honor. Sonny's defense attorney read the facts. She was pleading guilty to Sonny is to count one.

[James Lopatka]

On or about March 31st of 2023.

[Kevin Howard]

Did you negligently caused the death of.

[James Lopatka]

Micah Westwolf while operating a motor vehicle while under the influence of drugs in Lake County, Montana?

[Kevin Howard]

Yes. And you did not render aid or remain at the scene? Yes. Carissa started crying. She leaned into her dad. Carissa and Kevin didn't get a trial, but Carissa did get something she hadn't expected. She heard Sonny White admit to killing their daughter.

[Micah Westwolf]

It was a huge, almost instantaneous, like, weight off my shoulders. I just felt it, like, gone. And that's part 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.

[Kevin Howard]

Of course, Kevin did not feel that way.

[Carissa Heavy Runner]

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

[Kevin Howard]

Did you sense how Carissa felt like.

[Carissa Heavy Runner]

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

[Kevin Howard]

Krissa 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, Karisa and Kevin could ask the judge for a parole restriction at Sunny's sentencing hearing, make it so that Sunny'd 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. Yeah, put them in there. Sonny's sentencing hearing was on a snowy morning this past February. Micah's family and supporters gathered in front of the lake county courthouse to put up a red teepee. This was almost two years after Micah was killed. Carissa handed out Micah Matters T shirts.

[Micah Westwolf]

I got your shirts right here. There's. This is my daughter, Lisa.

[Kevin Howard]

Yeah.

[Micah Westwolf]

Hey, Lisa. Thanks for coming.

[Kevin Howard]

Kevin hadn't shown up yet, and Carissa kept looking around for him.

[Micah Westwolf]

Just waiting for Kevin to bring the extension cords for the hot chocolate.

[Kevin Howard]

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.

[Micah Westwolf]

We haven't even been talking. I don't know if we're gonna survive this, honestly. It's him. He can't handle what I'm doing, I guess. I don't know. Sucks. And to pull this shit, like, right before this. Selfish.

[Kevin Howard]

Kevin still hadn't arrived when the sentencing hearing was about to start.

[Micah Westwolf]

Vibran. It's 8:53, but thank you for being here. Hope Kevin's not too late.

[Kevin Howard]

The room was packed, most of them here for Micah. Micah'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 Micah and candid family photos. One by one, the judge called her relatives up to speak. They told stories about Micah. 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.

[Bonnie Asensio]

Judge this day calls Kevin Howard.

[Kevin Howard]

He slumped onto the stand, hung his ball cap on his knee.

[Bonnie Asensio]

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

[Carissa Heavy Runner]

So, as you've all heard, Micah was, you know, 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.

[Kevin Howard]

He told the story again of Micah in the kitchen when she asked if he'd ever forgive a person who murdered her.

[Carissa Heavy Runner]

I have no choice but to honor her wishes and forgive Mrs. White for her heinous act. But, you know, growing up on this res, 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.

[Kevin Howard]

He brought up what Montana Highway Patrol did to Bonnie after her daughter Marina was killed.

[Carissa Heavy Runner]

The same lead investigator of the highway patrol. Wayne Beaver stonewalled Mina'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.

[James Lopatka]

All right, well, you. You don't. I. 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.

[Carissa Heavy Runner]

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?

[Kevin Howard]

He means James Lapotka, the county prosecutor.

[James Lopatka]

Sorry, he can't answer you.

[Carissa Heavy Runner]

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

[James Lopatka]

And you don't agree with the plea agreement?

[Carissa Heavy Runner]

Absolutely not.

[James Lopatka]

You would. You would have wanted this to go to trial?

[Carissa Heavy Runner]

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

[James Lopatka]

The treatment that you went through.

[Carissa Heavy Runner]

Adequate investigation.

[James Lopatka]

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

[Carissa Heavy Runner]

Yet nothing is being done.

[James Lopatka]

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.

[Kevin Howard]

All right.

[James Lopatka]

Thank you.

[Carissa Heavy Runner]

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

[James Lopatka]

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

[Carissa Heavy Runner]

No.

[James Lopatka]

Okay. You may step down.

[Kevin Howard]

This is the first time the judge has heard that Micah'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.

[Micah Westwolf]

Yes, they do.

[Kevin Howard]

But then Carissa took the stand.

[Micah Westwolf]

Hello, everyone. Thank you for being here.

[Kevin Howard]

She pulled out a crumpled sheet from a yellow legal pad.

[Micah Westwolf]

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. 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 the loss of a child. I don't know if me and my husband will survive this.

[Kevin Howard]

At the end of her statement, they queued up the ukulele video, and right before they hit play, the judge interrupted.

[James Lopatka]

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

[Micah Westwolf]

I would like that. The tenure, what the attorneys are going to be fighting for. I would like that to be taken into consideration.

[Kevin Howard]

She asked for a parole restriction, not a trial.

[James Lopatka]

You may step down.

[Kevin Howard]

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 Sonny was a victim, too. Her husband was abusive. The night Sonny killed Micah, she was escaping a domestic violence incident. He was the white supremacist, the attorney said, not Sonny. 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 Micah'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. I want to start by saying I take responsibility for my actions in these matters. 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 Micah. To the family, friends, and loved ones of Micah Westwolf, I give my most sincerest apologies for the horrid pain and suffering that I played a part in causing you all.

[James Lopatka]

All right, thank you.

[Kevin Howard]

Okay.

[James Lopatka]

Is there any reason why sentence should not now be imposed?

[Kevin Howard]

No, you, Honor, not from defense.

[James Lopatka]

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

[Kevin Howard]

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.

[James Lopatka]

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, sentences 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.

[Kevin Howard]

She ineligible for parole. They had won. Krissa reached for Kevin's hand, leaned into him. They stayed seated as their relatives huddled around to embrace them.

[James Lopatka]

You are remanded to the custody of the Lake County Sheriff for transportation to the Montana State Prison.

[Kevin Howard]

All right.

[James Lopatka]

Anything further? All right, thank you. We are adjourned for the day.

[Kevin Howard]

Sunny was handcuffed and let out the door. Carissa finally stood and gave Lapatka 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.

[Carissa Heavy Runner]

In a sense, justice prevailed. You know, it's the best we can hope for.

[Kevin Howard]

Outside at the red teepee, there was hot chocolate.

[Micah Westwolf]

Anybody got a mug? Anyone that.

[Kevin Howard]

Carissa gave another speech, then checked in with all the television reporters, those that gave testimony.

[Micah Westwolf]

We did what we came here to do today. Thank you so much.

[Kevin Howard]

Every time they'd won something they didn't expect to win, Karisa 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, Marina's mother, wondering what she was thinking. How did it feel for you to hear Sunny White admit to killing Micah?

[Wayne Bieber]

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

[Kevin Howard]

Tricia, Aiden's mom, didn't go to the sentencing. She's the one Lapaka told he couldn't file charges because the statute of limitations had passed. I wanted to go. Carissa asked me to go. And then my stomach just. It was probably anxiety or, you know, stress. I asked Tricia how she felt about the outcome. Mixed. Mixed emotions, you know.

[Wayne Bieber]

Happy.

[Kevin Howard]

Mad and mad because. Because.

[Carissa Heavy Runner]

Why can't it be you?

[Kevin Howard]

Why can't it be you? That's Trisha's mom, Georgie. They were sitting next to each other on the couch.

[Micah Westwolf]

Yeah, I'm.

[Kevin Howard]

I'm sorry. No, it's okay. Georgie went to the sentencing hearing instead of Trisha. It gives me hope that Aiden's going.

[Wayne Bieber]

To be next, that there will be some justice.

[Carissa Heavy Runner]

I mean, that's cool.

[Kevin Howard]

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. Audrey is her daughter. Trisha'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 Micah's death last month, Carissa told Kevin she wanted to spend the day in the mountains. Just them and their son as a family.

[Sierra Crane Murdoch]

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

[Carissa Heavy Runner]

Blackbird singing in the dead of night.

[Kevin Howard]

Take these broken wings and learn to fly.

[Micah Westwolf]

All your life.

[Kevin Howard]

You are only waiting for this moment to arise.

[Sierra Crane Murdoch]

Our program is produced today by Nikki Meek. Dana Chivas edited the show. The people who put together today's program include Gendai Bonds, Michael Kamate and Michael Daniel Jochi, Angela Gervasi, Catherine Raimondo, Stone Nelson, Ryan Rummery, Frances Swanson, Marisa Robertson, Texter, Julie Whitaker and Diane Wu. Our managing editor is Sara Abderrahman. Our senior editor is David Kestenbaum. Our executive editor is Emmanuel Berry. Special thanks today to the Fund for Investigative Journalism, Sarah Two Teeth, Brian Dupuis, Cheryl Horne, 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. Tory Malatea. Every day I see him in the hallway here at the office. He always says the same exact thing to me.

[Bonnie Asensio]

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

[Sierra Crane Murdoch]

I believe you, Tori. I'm Ira Glass. Back next week with more stories of this American life.

[Kevin Howard]

Blackbird, fly, black bird, fly into the light of a dark, black light.

[James Lopatka]

This message comes from Allianz Travel Insurance. Is this the year you check a.

[Kevin Howard]

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[James Lopatka]

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