A life sentence becomes a federal case
Mark Milk's life sentence for manslaughter ended in 2023 when then-Governor Kristi Noem commuted his prison term to 240 years, making him eligible for parole. Federal prosecutors have charged the 51-year-old with transporting a minor with intent to engage in criminal sexual activity, possessing cocaine that led to a teen's death, and conspiring to destroy evidence.
McKenna Wendel, a 14-year-old member of the Rosebud Sioux Tribe, was reported missing in mid-March and found dead in a rural area near Brookings, South Dakota, following a dayslong search. According to the indictment, she died from a drug overdose on or about March 14. She was last seen on March 13, and her grandparents reported her missing two days later. Her body was found on March 19 after someone with knowledge of her location led authorities to the site.
The charges and investigation
Milk faces three federal charges stemming from a monthslong investigation involving multiple agencies at local, state, and federal levels. A second defendant, 38-year-old Jon Rogness of Brookings, is accused of acting as an accessory to help Milk avoid prosecution. The U.S. Attorney's Office for the Northern District of Iowa is prosecuting the case.
Iowa U.S. Attorney Leif Olson explained the jurisdiction decision during a press briefing Thursday: "The Department of Justice policy is to pursue the most serious, readily provable charges, and the charges that are alleged in the indictment all occurred within the Northern District of Iowa." Olson did not confirm whether McKenna's death occurred in Iowa, saying only that the charge alleges either the distribution of cocaine or the death took place there.
The federal indictment alleges that Milk transported McKenna with criminal intent and possessed the cocaine that caused her death. The indictment also alleges he conspired with Rogness to destroy evidence. Neither man has yet appeared in court, and no attorneys have been assigned to them in online records.
The commutation history
Milk was sentenced to life in prison in 1994 after fatally stabbing a man during a fight. The state's Board of Pardons and Paroles recommended in 2022 that the governor commute his sentence. Noem granted that commutation in 2023, reducing his life sentence to 240 years and making him parole-eligible. McKenna was listed among the guests at his parole hearing in June 2024.
Milk has been in custody since March 17, when he was arrested for drunk driving and aggravated eluding charges. South Dakota Attorney General Marty Jackley declined to criticize the commutation during a news conference in late March, saying the decision rested with the governor under the state constitution. He noted he has not been able to view the full commutation file because it remains under seal.
Law enforcement response
Gene Kowel, Special Agent in Charge of the FBI Omaha Field Office, called the case "horrific" during a Thursday press briefing announcing the charges. He noted that a disproportionate number of victims in cases his office investigates are members of indigenous communities. McKenna's family are members of the Rosebud Sioux Tribe, and her obituary noted she and her grandparents, who raised her, often attended powwows together.
"From what I've heard, I know that her life, although far too short here on Earth, will have a profound impact on everybody who knew her," Kowel said. Both men remain in state custody, and their initial court appearances have not yet been scheduled.