Murder charges could falter due to defendant's Native status

Aug 10, 2023

A local man accused of first-degree murder, after allegedly supplying the victim with a lethal dose of fentanyl, filed a motion to dismiss due to lack of jurisdiction because the victim may be Native American.

Matthew Kyle Santana, 32, pleaded not guilty during his initial appearance in Cherokee County District Court on June 21, 2023, nearly one month after the first-degree murder and distribution of controlled dangerous substance charges were filed.

According to the probable cause affidavit, on Jan. 1, 2023, Dakota Hiatt, 29, was found inside the bathroom at the Clear Creek 66 gas station on East Allen Road.

Authorities reportedly found on the floor of the bathroom a lighter; aluminum foil with burnt residue on it; a pen that had been fashioned into a pipe containing burnt residue; a small plastic baggy that contained a white crystal-like substance; and a small piece of foil. The medical examiner’s report indicated Hiatt died from fentanyl toxicity.

During the investigation, police reportedly found the victim had sent Santana $50 through Cash App just seven minutes before Hiatt, Santana, and a woman were seen entering the store. Once they left the store, Hiatt then can be seen entering the store again and going into the restroom. He was not seen leaving.

According to reports, police found text messages between the victim and Santana discussing a sale; however, when questioned, he insisted Hiatt got the fentanyl from another individual. Authorities also found in the defendant’s Facebook messages he had sent to someone on Jan. 1, 2023, that he was attempting to sell “fire,” stating it was a “whole new level.” He also reportedly told the potential buyer that he almost overdosed himself.

Santana is represented by local attorney Rachel Dallis. He is scheduled to appear in court for a preliminary hearing at 9 a.m. on Oct. 2, 2023, with Associate District Judge Joshua King presiding. First Assistant District Attorney Eric Jordan is listed as representing the state.

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