Swain County Man Sentenced To Life In Prison For Cold Case Murder In Indian Country

ASHEVILLE, N.C. - Ernest D. Pheasant, Sr., 47, an enrolled member of the Eastern Band of Cherokee Indians (EBCI), was sentenced to life in prison today for the 2013 murder of Marie Walkingstick Pheasant, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.

"For over a decade, Marie's family has endured the pain of losing their loved one without justice. Today, that changed," said U.S. Attorney Ferguson. "Ernest Pheasant will pay for his heinous crime by spending the rest of his life behind bars. While nothing can undo the family's loss, I hope this sentence brings them a measure of justice. My Office remains committed to pursuing cases involving missing or murdered indigenous persons no matter how much time has passed."

"While nothing can undo the pain caused by this tragic crime, we hope that this sentence helps to provide closure to the family and friends of Marie Walkingstick Pheasant," said Marcelino Toersbijns, Chief of the Bureau of Indian Affairs Missing and Murdered Unit (MMU). "This case is emblematic of the Missing and Murdered Indigenous Persons Crisis impacting tribal communities across the country and highlights the importance of the MMU's mission of analyzing and solving missing, murdered and human trafficking cases involving American Indians and Alaska Natives."

According to filed documents and information presented in court, on December 29, 2013, the body of Marie Walkingstick Pheasant was discovered inside a burned-out vehicle parked near Big Cove Road within the Qualla Boundary in the Western District of North Carolina. Investigators determined that the vehicle had been intentionally set on fire. An autopsy revealed that Marie died from stab wounds to the neck and abdomen. DNA retrieved from a baseball cap found near the vehicle was linked to the defendant, who was Marie's estranged husband.

On April 7, 2022, following a review of unsolved homicides in the region, the Bureau of Indian Affairs' Missing and Murdered Unit opened a full interagency investigation into the case. During the investigation, law enforcement determined that Pheasant killed Marie at their home, then transferred her body to the car, drove it to Big Cove Road, and set it on fire. On August 16, 2024, Pheasant pleaded guilty to first degree murder for killing Marie willfully, deliberately, maliciously, and with premeditation.

The MMU began as the Cold Case task force, part of Operation Lady Justice, a multi-agency effort established by President Trump's administration in 2019 to enhance the operation of the criminal justice system and address the staggering number of missing and murdered American Indian and Alaska Natives in tribal communities.

Today's sentence is the result of the joint investigation conducted by the MMU, the FBI in North Carolina, the North Carolina State Bureau of Investigation, the North Carolina State Highway Patrol, the Cherokee Indian Police Department, and the EBCI Office of the Tribal Prosecutor.

Assistant U.S. Attorney Alex M. Scott of the U.S. Attorney's Office in Asheville prosecuted the case.

Operation Not Forgotten

On Tuesday, the Justice Department announced a surge in FBI resources across the country to address unresolved violent crimes in Indian Country, including crimes relating to missing and murdered indigenous persons. As part of Operation Not Forgotten, 60 FBI personnel will be sent to Field Offices to support investigations of Indian Country violent crimes. The FBI will be assisted by the Bureau of Indian Affairs Missing and Murdered Unit and will use the latest forensic evidence processing tools to solve cases and hold perpetrators accountable. U.S. Attorney's Offices will aggressively prosecute case referrals.

"Crime rates in American Indian and Alaska Native communities are unacceptably high. By surging FBI resources and collaborating closely with US Attorneys and Tribal law enforcement to prosecute cases, the Department of Justice will help deliver the accountability that these communities deserve," said Attorney General Pam Bondi.

"The FBI will manhunt violent criminals on all lands - and Operation Not Forgotten ensures a surge in resources to locate violent offenders on tribal lands and find those who have gone missing," said FBI Director Kash Patel.

"Violent crime continues to disproportionately impact communities in Indian Country," said U.S. Attorney Ferguson. "Dedicating additional resources to reduce violent criminal activity in Tribal communities and solve cases of missing or murdered indigenous persons sends a clear message: No victim will be forgotten, and no crime will go unpunished."

Scott Davis, Senior Advisor to the Secretary of Interior, exercising the delegated authority of the Assistant Secretary for Indian Affairs, said, "We appreciate the partnership of the Department of Justice and the FBI in addressing these crimes. This announcement reinforces our commitment to Indian Country and our dedication to collaborating with federal, state, and tribal agencies to ensure justice for American Indian and Alaska Native victims while holding offenders accountable."

Indian Country faces persistent levels of crime and victimization. At the beginning of Fiscal Year 2025, FBI's Indian Country program had approximately 4,300 open investigations, including over 900 death investigations, 1,000 child abuse investigations, and more than 500 domestic violence and adult sexual abuse investigations.

Operation Not Forgotten renews efforts begun during President Trump's first term under E.O. 13898, Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives. This is the third deployment under Operation Not Forgotten, which has provided investigative support to over 500 cases in the past two years. Combined, these operations resulted in the recovery of 10 child victims, 52 arrests, and 25 indictments or judicial complaints.

Operation Not Forgotten also expands upon the resources deployed in recent years to address cases of missing and murdered indigenous people. The effort will be supported by the Department's MMIP Regional Outreach Program, which places attorneys and coordinators in U.S. Attorneys' Offices across the United States to help prevent and respond to cases of missing or murdered indigenous people.