A Sioux Falls man who originally pleaded not guilty to murder has changed his plea and admitted to felony manslaughter.
Joshua Ortley, 36, was facing multiple charges in Brown County that included aggravated kidnapping and murder in connection to the 2022 disappearance and death of Simon Deng.
Ortley, who pleaded not guilty on Jan. 18, appeared in court Feb 8 for a change-of-plea hearing. He waived both an optional pre-sentence investigation and an optional 48-hour waiting period before sentencing.
Deng, 40, of Aberdeen, was last seen on Oct. 23, 2022, and reported missing on Oct. 27. After a three-week investigation by the Aberdeen Police Department, Ortley was one of three people who were arrested in connection to Deng’s disappearance. Ortley was charged with felony aggravated kidnapping, and others were charged with aiding and abetting or accessory to the crime.
Shortly after those charges were filed, law enforcement received a tip and recovered Deng’s body in Roberts County. That’s when Ortley was charged with murder and others were charged with aiding and abetting.
Manslaughter sentencing based on joint recommendation
Judge Gregg Magera ordered a 60-year prison sentence with 20 years suspended. Ortley was ordered to pay $117 in court costs plus $1,410 in restitution in an unrelated case. He was also given credit for 81 days served and must serve a minimum of 75% of his remaining 40-year sentence, which is 30 years.
The sentence was based on a joint recommendation by defense attorney Tom Cogley and Brown County State’s Attorney Ernest Thompson.
Ortley was also ordered to repay court-appointed attorney fees and reimburse Brown County for the cost of prosecuting this case and final expenses to Deng’s family, which is an amount that is yet to be determined.
The murder and manslaughter charges both allege Orltey is responsible for the death of Deng, but the difference is the penalty. A murder charge carries a mandatory life sentence and the possibility of capital punishment, while manslaughter carries a maximum penalty of up to life in prison.
Joint statement provided by Deng’s sons
Prior to sentencing, Thompson read victim impact statements written by Deng’s two children, both of whom live in Georgia. The two described him a a loving man who will no longer be available to attend graduations and provide fatherly advice.
They suggested a sentence equivalent to one year for each of the 26 days their dad was left alone out in the cold. Deng’s family spent more than 23 days wondering what happened to him, yet the teens thanked Ortley for ultimately telling law enforcement where their dad’s body could be found.
Ortley moved to Aberdeen to protect his sister
In a statement to the court prior to sentencing, Cogley said the circumstances of this case are an absolute tragedy, but Ortley ultimately admitted what happened.
“This entire case has been about accepting responsibility for what he’s done and, were it up to him, we would have been here sooner,” Cogley said.
In a statement to the court, Ortley expressed remorse for his actions.
“I feel bad for what I did. It should have never happened,” he said.
Originally living in Sioux Falls, Ortley said Deng was in an abusive relationship with his sister. She moved to Aberdeen with Deng, Ortley said, but he continued to get calls from his niece and friends of hers and moved to Aberdeen. That was shortly before Deng was killed.
“Unfortunately, Simon broke my sister’s jaw,” Ortley said. “I knew it was me or him because he had a gun.”
Ortley also said that wasn’t an excuse for what happened, and expressed a desire to help support Deng’s sons.
Search warrant reveals Deng was stabbed, assaulted
Several search warrants filed by the Aberdeen Police Department detail the investigation and the scope of witnesses interviewed. In that 13-page narrative, investigators detail the initial search for Deng after he was reported missing in late October and the witnesses who provided reports of where Deng was last seen.
For example, Deng’s roommate was contacted and reported last seeing Deng when Ortley arrived to pick him up. Another witness later reported seeing Ortley punch and stab Deng, according to the search warrant. Witnesses also reported seeing efforts to clean up the trailer where the assault occurred and another reported seeing Ortley and another man loading the body of a Black man onto a trailer.
Others facing charges in this case include Kyle Three Legs, 38, of Aberdeen; Cecelia Walking Bull, 32, of Aberdeen; and Lucinda Buckley, 33, of Fargo, N.D.
Three Legs has pleaded not guilty and a jury trial has been scheduled for June 5-8 in Brown. Initial appearances for Walking Bull and Buckley are set for Feb. 27 and Feb. 15, respectively.