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Inmate charged with kidnapping, assault and murder of Corrections Officer
By John Hult , jhult@argusleader.com, argusleader.com
Published: 04/27/2011

Inmates indicted in killing of corrections officer Two inmates who reportedly killed Senior Corrections Officer Ronald "R.J." Johnson at the South Dakota State Penitentiary have been formally charged with kidnapping, assault and murder charges.

Eric Robert and Rodney Berget, both 48, were indicted by a Minnehaha County grand jury Tuesday afternoon on one count of first-degree murder, once count of first-degree murder-kidnapping and one count of simple assault.

The assault charge relates to the alleged beating of Corporal Matthew Freeburg during the escape attempt, which took place April 12 in Sioux Falls.

The two men were captured at the Penitentiary's west gate that morning after allegedly killing Johnson with a pipe in the Pheasantland Industries building, court documents say. Robert then put on Johnson's uniform to pose as a corrections officer, the paperwork says, as Berget then hid inside a box that sat atop the wheeled cart.

Freeberg was one of the two corrections officers to apprehend the pair at the gate. He testified to the grand jury, as did a two other Department of Corrections officers, a Sioux Falls Police officer and the Minnehaha County Coroner who completed Johnson's autopsy.

Both murder counts carry a mandatory sentence of death or life in prison. The simple assault count is punishable by up to two years in prison.

In addition to the murder and assault indictment, however, the Attorney General Marty Jackley's office filed a Habitual Criminal filing that would bump the penalty for an assault conviction from two to five years in prison for Robert and a maximum life sentence for Berget.

Robert was arraigned on the charges Tuesday afternoon before Judge Joseph Neiles. Neiles read Robert his rights; Jackely read the indictment aloud.

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