In an interview on KSOO's Viewpoint University, South Dakota Attorney General Marty Jackley said that a judge has sentenced Rodney Berget to death again for his part in the death of a prison guard.

Jackley announced Tuesday that Circuit Judge Brad Zell sentenced 50-year-old Rodney Berget for a second time for the killing of Ronald "RJ" Johnson in April 2011 on Johnson's 63rd birthday.

Berget was first sentenced to death for the killing last year. But the state Supreme Court overturned Berget's death sentence earlier this year, ruling that Zell improperly considered a statement Berget made to a psychiatrist.

Berget then sought a new sentencing hearing in front of a jury. But Zell denied that request and resentenced Berget.


The Associated Press contributed to this report.