On November 21, 2018, Conservation Officer Blake Swanson with South Dakota Game, Fish and Parks received a tip about a deer-poaching incident near the town of Summit, in the state’s northeast corner. The tip included a description of the vehicle used in the incident as well as information that the truck’s owner was 84-year-old Doris Schocker, who lived about 10 miles outside of town.
Swanson said that he drove to Doris Schocker’s house and saw two men dragging a deer out of a red pickup that matched the description from the tip. Swanson got out of his vehicle and approached Doris Schocker and the others, activating his body-camera video.
Doris took a deer tag from her truck and gave it to her son, 54-year-old Christopher Schocker, who began field-dressing the deer. Two other men, Jeffry Hopkins and Kevin Morsching, were also present.
In a conversation with Swanson, Doris Schocker said that she had a landowner deer tag that allowed her to shoot deer on her property. She said that she had shot the deer behind one of her barns and was by herself at the time.
Swanson told her about the tip he had received. Doris Schocker then said Morsching had shot the deer without a license. Morsching confirmed her account.
Swanson told the Schockers, Morsching, and Hopkins that he was confiscating the deer because of a hunting violation.
Christopher Schocker quickly replied, “No, you’re not.”
Swanson said, “Yeah, it’s going to come with me, okay?”
Schocker again said, “No, you’re not.”
Schocker and Swanson squared off. Swanson told Schocker, “Don’t come any closer to me, do you understand?”
Schocker asked, “What gives you the right to do that?”
Doris Schocker tried to ease the tension, telling her son and the others, “He’s going to take the deer, because he saw it happen, he saw it happen.”
Swanson again told Christopher Schocker not to move closer.
Doris Schocker then told Swanson to take the deer. Swanson asked Morsching to help him put the animal into his truck.
Christopher Schocker told Morsching: “You don’t help him. Stay right there.”
Swanson then asked Hopkins for help. The Schockers shouted “No,” and Hopkins indicated he wanted no part in the situation.
Doris Schocker asked Swanson what would happen to the tag on the deer’s leg. Swanson said it was evidence.
Christopher Schocker began swearing under his breath and then talked with his mother.
Swanson began dragging the deer to his vehicle and saw Christopher Schocker approach him with a hunting knife in his hand. According to a later court ruling, Schocker “did not move quickly … but he did move deliberately.”
Swanson told Schocker, “You come any closer with that fucking knife, that is the last day you will.”
Schocker put down the knife. Swanson called for backup. Two officers with the South Dakota Highway Patrol and a conservation officer arrived. Schocker was arrested and charged with possession of a firearm by a person with a drug conviction, possession of a loaded firearm while intoxicated, and aggravated assault against a law-enforcement officer.
After his arrest, in June 2019, Schocker pled guilty to an unrelated charge of drunk driving as a habitual offender and received a sentence of five years in prison.
Prior to Schocker’s trial from the deer incident, in Roberts County Circuit Court, the state dismissed the weapons charges related to the alleged assault on Swanson. The one-day trial began and ended on November 7, 2019. Robert Doody, a court-appointed attorney, represented Schocker.
The state introduced the video footage from Swanson’s camera into evidence, although the jury only viewed approximately three minutes of footage. Swanson, the state’s only witness, testified about the incident. Swanson said he felt afraid when Schocker approached with the knife. He said he reached for his gun, but the weapon did not clear his holster. This action wasn’t visible on the video.
Christopher Schocker did not testify. Doris Schocker testified that before Christopher picked up the knife, she had told him to cut off the deer tag.
During deliberations, the jury asked to rewatch the video evidence. On November 7, 2019, the jury convicted Schocker of aggravated assault on a law-enforcement officer. He later received a sentence of 25 years in prison, with 15 years suspended.
Doody filed a notice of appeal, then withdrew as counsel. David Geyer was appointed to represent Schocker and argued in the appeal that there had been insufficient evidence to support the conviction. The Supreme Court of South Dakota affirmed the conviction on February 22, 2021.
On May 21, 2021, Geyer filed a petition for a writ of habeas corpus, asserting that Doody had provided ineffective representation by not interviewing Hopkins or Morsching before the trial or having either man testify on behalf of Schocker. The petition also said that Doody had failed to challenge Swanson’s testimony about his “subjective fear” of Schocker.
At an evidentiary hearing before Judge Richard Sommers, Doody said these decisions were part of his trial strategy. “There was a body camera footage that clearly indicated what happened that day,” he said. “I didn’t think that those two gentlemen had anything to really offer that wasn’t already on the videotape.” He testified that he believed the video established the insufficiency of the evidence against Schocker.
Because of Schocker’s incarceration on the unrelated drunk-driving conviction, Schocker and Doody had limited interaction prior to the trial. According to Doody’s time sheets, he spent 48.4 hours on Schocker’s case. Most of his out-of-court preparation, which was 25.9 hours, occurred in the three days before the trial.
Brandon Taliaferro, an attorney from Aberdeen, testified as an expert on defense and trial strategy. He said that Doody failed to buttress Doris Schocker’s testimony that her son intended to use the knife to cut off the deer tag, and not to threaten Swanson. He also said that Doody did not adequately prepare for the trial and made mistakes in his arguments before the jury that prejudiced Schocker.
Hopkins testified at the habeas hearing that Schocker told him that he was going to cut the tag off, “he wanted to keep the tag.”
At the hearing, Geyer asked Hopkins about the discussion regarding the tag.
Hopkins answered: “Chris’s mom had said what about the tag and he said, ‘No, that’s coming with me.” And Chris said ‘I’m gonna cut the tag off the deer.’ And as he turned to his left to look for the knife he turned his head and went to pick up the knife and, you know, he walked behind the tailgate, grabbed it, and then he walked back two or three steps maybe and the game warden was, oh, he was next to his truck so he was a good ways away, you know, almost three vehicle lengths, pulled out his gun and told him to drop the knife and Chris looked at him and threw the knife down, you know, threw his hands up in the air.”
On September 8, 2022, Judge Sommers granted Schocker’s petition and ordered a new trial. His ruling said Hopkins’s testimony at the evidentiary hearing supported Schocker’s account of his actions, and there was no justification for Doody’s failure to, “at a minimum,” talk to the witnesses.
Schocker remained in prison on the unrelated conviction.
The state appealed. The Supreme Court of South Dakota affirmed Judge Sommers’s ruling on October 23, 2024.
Noting that the jury likely would have viewed Hopkins as a more objective witness than Doris Schocker, the court wrote: “Here, there were few witnesses, and their contact information was at Doody’s disposal. Yet, he made no effort even to contact those witnesses. This decision fell below an objective, reasonable standard of performance. Considering all of the circumstances, Doody’s failure to interview two of the three witnesses present during the incident was deficient.”
The state dismissed the case on December 4, 2025.
Schocker had filed a lawsuit against Doody in January 2023, seeking compensation for his wrongful conviction. The lawsuit was dismissed in December 2024.
– Ken Otterbourg
Posting Date: 03-09-2026
