Funeral announced for father and son killed in Fort Berthold shooting

Marc “Travis” Smith, Sr., 50, and his son Marc Smith, Jr., 23, will be buried the following day, on Oct. 3, after funeral services at the Northern Lights Wellness Center, according to the Langhans Funeral Home. Beau Medicine Crow will be the officiant, and James “Tones” Phelan is listed as the senior pallbearer.

On Sept. 25 the Smiths were shot during an altercation at a Fort Berthold residence sometime after 9:30 p.m. A third person, who has yet to be identified, was shot and survived. It remains unclear what criminal charges will be filed against any of the four people currently in custody as they wait for their initial court appearance before a federal judge.

The shooting investigation is ongoing and remains under federal jurisdiction. The FBI said it is working in partnership with the Three Affiliated Tribes Law Enforcement Services and Bureau of Indian Affairs Office of Justice Services, which can detain suspects accused of crimes on tribal land under the Major Crimes Act. The names of the four suspects, their current location or any pending charges have not been released.

Buffalo’s Fire verified that the Smiths were killed in the shooting through multiple Fort Berthold community members, who have been granted anonymity due to concerns for their safety.

One witness in the area said they saw two people fleeing a house where the Smiths were shot. They said those two ran toward the vehicle the witness was driving, and at least one person fired shots at the car. That witness was not injured.

Another person who identified as a relative of at least one of the suspects said police haven’t given them any information, including where their relative is being detained. They said that person is a juvenile.

An FBI public affairs officer from the Minneapolis office told Buffalo’s Fire on Wednesday that police were still investigating the shooting and any charges would be filed by the U.S. District Attorney’s Office.

“At the conclusion of our investigation, we will present the evidence to the U.S. Attorney's Office for the District of North Dakota for their review. Any information or announcements about charges, charging documents, or court appearances would need to come from that office,” FBI special agent Matthew Vogel wrote in an email.

On Thursday, a spokesperson for the U.S. attorney’s office gave no comment when asked if the case had been transferred to begin court proceedings.

Buffalo’s Fire also sent a request for comment on Wednesday to Clifton White, Jr., chief of police for Three Affiliated Tribes Law Enforcement Services, asking when the four suspects will have their first appearance before a federal judge. He did not respond by press time.