SIOUX FALLS, S.D. (KELO) — Sioux Falls Police Sgt. Cole German said Thursday police waited almost 20 days after an assault and roughly 16 days after the victim’s death to release information on the Sept. 5 incident to preserve the integrity of the investigation.
Police announced Wednesday four suspects had been charged in the death of Thomas Mark Fernandez, 51. Fernandez was assaulted in a secluded area of Cherry Creek Park at 1800 East 18th St. on Sept. 5, German said on Thursday. Police responded to a welfare check call at 8:53 a.m. on Friday, Sept. 5, and found an injured Fernandez. Ferdandez died from his injuries on Sept. 9. The suspects have been in custody since Sept. 12 and after Fernandez’s death, charges of murder were added.
German said at least one weapon was involved in the assault, but did not specify how many or what types.
“When we are doing our investigation, we have to kind of gauge that on how we are going to preserve our evidence,” Cole said. If information is pushed out right away, those with evidence or access to that evidence can destroy it or move it, he said.
When asked how police were able to determine there was no risk to the public on Sept. 5, German said he couldn’t provide details in order to preserve the integrity of the case. German did say the incident was not a random act.
Four people were indicted on Wednesday on charges of murder in the first degree, murder in the second degree, manslaughter first degree, aggravated assault and robbery in the second degree.
Those charged are: Donovan Birdnecklacepigney, 25, Tiana Herrera, 24, Chaska Littlebear,30, and Al Pigney, 33. According to court documents, the listed addresses for Birdnecklacepigney, Herrera and Littlebear are transient, and St. Francis house is the address listed for Pigney.
“This was not a random event where someone was targeted, someone was working out there or anything like that or playing, we believe these individuals were affiliated or knew each other to some extent,” German said.
So far in 2025 and in 2024, most homicides in the city have happened in residences but several have happened in public places including in August of 2024 when one person was killed and three were injured in Dunham Park, a November 2024 incident when a man was killed in a parking lot on the 500 block of Duluth Avenue and on March 8, 2025, when an individual was killed near the Bishop Dudley Hospitality House.
Although the incident happened in the park, “This was in a secluded area, this was not like someone on the bike trail or anything like that. There was no risk to anyone using the park or exercising out there or anything like that,” Cole said.
Cherry Rock Park’s features include an accessible playground, a fishing dock, access to a recreational trail, and others.
City officials had been discussing concerns about homeless encampments in city park areas, including parks and areas along the Big Sioux River, for several months before the city council in August passed an ordinance that bans tents, dwellings, and encampments in public places, including city parks and streets.
German said he couldn’t not comment if that type of encampment activity played a role in incident.
