Defendant files motion to dismiss murder case, says victim may have been Native

In a case where a local man is accused of first-degree murder, the state recently filed a response to the defendant’s motion to dismiss, saying the state does have jurisdiction.

Matthew Kyle Santana, 32, filed the motion to dismiss on Aug. 3, 2023, stating lack of jurisdiction because the victim may have been Native American.

First-degree murder and distribution of controlled dangerous substance charges were filed against Santana in Cherokee County District Court on May 24, 2023, after he allegedly supplied the victim with a lethal dose of fentanyl.

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 with 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, when questioned, Santana insisted Hiatt got the drug from someone else; however, police found text messages between the victim and Santana discussing a sale.

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 he almost overdosed himself.

Santana pleaded not guilty during his initial appearance on June 21, 2023, and on Aug. 7, the state filed its response to the defendant’s motion to dismiss requesting the court to deny Santana’s motion.

According to the filing, the state claims they do have jurisdiction due to the June 29, 2022, ruling in Castro-Huerta. That affirmed the state’s prosecutorial power over non-native defendants within the boundaries of Indian country regardless of whether the victim is Native American or not.

A ruling has not been given on the motion to dismiss.

Santana 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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