Davison County criminal court cases for June 21

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June 23 – MITCHELL – The following cases were among those heard Tuesday, June 21 in a circuit court session at the Davison County Public Safety Center, Judge Chris Giles presiding:

* Lynette Chargingwhirlwind, 50, of Mitchell, did not appear in court on Tuesday for aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum sentence of 15 years in prison and a fine of $15,000. Chargingwhirlwind’s assault charge stems from her allegedly stabbing a man in the chest with a steak knife in 2018. She has failed to appear in court on multiple occasions in recent years. She had previously pleaded not guilty to the assault charge. A warrant has been issued for his arrest.

* Richard Jimerson, 51, of Mitchell, pleaded guilty to a fifth DUI offense in the past 10 years, a Class 4 felony that carries a maximum sentence of 10 years in prison. Jimerson was sentenced to 10 years in prison on Tuesday. In total, Jimerson was convicted of eight DUIs.

* Sidney Eagle Star, 29, of Mitchell, admitted violating probation. Eagle Star did not contact authorities before moving to Wagner, prosecutors said Tuesday. He also did not participate in court-ordered domestic violence classes. Eagle Star was ordered to restart his probation. According to court documents, he was serving probation for a third offense of common assault (domestic violence) with intent to cause bodily harm, which stemmed from punching another in the face multiple times while important.

* Paul Wegner, 20, of Mitchell, was sentenced to 120 days in jail including 118 days suspended for a first offense DUI and resisting arrest, both Class 1 misdemeanors. Wegner’s charges stem from an incident occurred on March 9 when officers responded to a report of a vehicle that had “left the roadway” and found Wegner passed out in the driver’s seat with the vehicle still in drive mode stuck against a curb. When officers attempted to park the vehicle with a passed out Wegner in the driver’s seat, he suddenly woke up and “did not use the brakes,” the arrest affidavit states. Wegner “almost punched” officers who tried to park the vehicle and then lunged at officers when they attempted to handcuff him. A total of six charges were dismissed for the March 9 incident, including simple assault on a law officer, a Class 6 felony. Wegner’s driver’s license was also revoked for 30 days in the context of his conviction.

* Lance Shields, 29, of Mitchell, pleaded guilty to second-degree escape by a prisoner and possession of a controlled substance (methamphetamine), both Class 5 felonies which carry a maximum sentence of five years in prison and a fine of $10,000. Shields’ escape charge stems from leaving a treatment center and not returning. He will face a jury trial in mid-October unless he changes his plea before the trial date. His methamphetamine possession charge stems from the fact that he brought a syringe with him while visiting an inmate in prison. The syringe tested positive for methamphetamine. Combining the two counts, Shields was sentenced to 10 years in prison, 10 of which were suspended. He was also ordered to serve three years of probation and complete James Valley Drug and DUI court.

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* Jaylene Hare, 32, of Mitchell did not appear in court on Tuesday on a charge of identity theft, a Class 6 felony that carries a maximum sentence of two years in prison. A warrant without bail has been issued for his arrest.

* Malinda Moreno, 51, of Mitchell, has pleaded not guilty to the following charges: manufacture, distribution and possession of programmed drugs, knowing that a child is present while using methamphetamine, two counts of possession of a controlled substance (methamphetamine), use or possession of drug paraphernalia and driving under the influence. Moreno was pulled over for speeding with her child in the vehicle when officers conducted a search that uncovered a meth pipe and other drug-related items.

* Donald Fasthorse, 49, of Sioux Falls, did not appear in court on Tuesday for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a fine of $10,000, and use or possession of drug paraphernalia. A warrant without bail has been issued for his arrest.

* Bruno Nava-Trujillo, 26, of Mitchell, admitted breaching probation for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine $. He was sentenced to five years in prison, including five years suspended. He was also ordered to serve two years of probation as part of his sentence.

* Matthew Messer, 40, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He is expected to be sentenced on August 2.

* Brandee Jackson, 30, of Valentine, Nebraska, pleaded not guilty to three counts of possession of a controlled substance, possession of marijuana in quantities of 2 ounces or less, trafficking in surrogate plates and use or possession of drug paraphernalia.

* Clifton Red Feather, 50, of Mitchell, did not appear in court on Tuesday for allegedly failing to comply with court-ordered daily alcohol screening. He was due to appear in court on a probation violation charge he had previously denied. A warrant has been issued for his arrest.

* Samantha Schwartzbauer, 35, of Mitchell, did not appear in court on Tuesday for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10 fine $000, and use or possession of drug paraphernalia. A warrant without bail has been issued for his arrest.

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* Ervin Lopez Laynes, 35, of Mitchell, denied violating probation and pleaded not guilty to a fourth DUI offence, a Class 5 felony. He is due in court for a status hearing on September 27 .

* Jason Labine, 48, of Big Lake, Minnesota, was sentenced to two years in prison suspended for two years for unauthorized ingestion of a controlled substance (methamphetamine), a Class 5 felony carrying a maximum sentence five years in prison and a fine of $10,000. He was also ordered to serve two years of probation as part of his conviction. Labine’s charge stems from him calling police to report a truck was following him along Interstate 90. Officers identified needle marks in Labine’s arms and noticed his behavior erratic, which led to his accusation of ingestion.

* Amber Gentapanan, 24, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. She is expected to be sentenced on August 2.

* Brandon Welbig, 27, of Sioux Falls, pleaded guilty to a first-time DUI offense, a Class 1 misdemeanor. He was sentenced to 180 days in jail with 74 days suspended. He was recognized for having served 106 days in prison. Welbig also faces felony charges in Minnehaha County, prosecutors say. He is awaiting court appearance on the Minnehaha County charges.

* Ynosencia Lopez Ferguson, 19, of Flandreau, was sentenced to 32 days in prison with credit for serving 18 days for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a fine of $10,000. She was also ordered to serve two years of probation as part of her conviction.

* Aidan Standingcloud, 31, of Mitchell, was sentenced to five years in prison including five years suspended for possession of a controlled substance (meth), a Class 5 felony which carries a maximum sentence of five years in prison and a fine of $10,000. He was also ordered to serve two years of probation as part of his conviction.

* Jade Ott, 20, of Mitchell, pleaded not guilty to possession of drug paraphernalia, possession of more than 2 ounces of marijuana but less than 1/2 pound, three counts of possession of a controlled substance, discharge of a firearm to an occupied structure or motor vehicle and intentional property damage. Ott had a jury trial date set for mid-October unless she changed her plea before trial.

* Savanna Red Day, 37, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine . She was sentenced to five years in prison, including five years suspended. Redday was also ordered to serve three years of probation and complete James Valley Drug Court as part of her sentencing.

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* Alexander Heisinger, 29, of Parkston, pleaded guilty to a fourth DUI offence, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine.

* Keenan Dion, 25, of Lake Andes, pleaded guilty to a third charge of common assault (domestic violence), a Class 6 felony that carries a maximum sentence of two years in prison. He was sentenced to 123 days in prison, including 100 days suspended. Dion was credited with serving 23 days in jail.

* Melissa Loon, 45, of Mitchell, did not appear in court on Tuesday on a probation violation charge. A warrant has been issued for his arrest.

* Bradley Johnson, 45, of Mitchell, pleaded guilty to possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. Johnson is scheduled to be sentenced on August 2.

* Colt Tibbs, 30, of Dupree, did not appear in court on Tuesday for possession of a controlled substance, possession of a firearm with a prior drug felony conviction, carrying a firearm with a felony, possession of marijuana in an amount of 2 ounces or less and the use or possession of drug paraphernalia. Tibbs’ request to have his case pursued by his attorney was denied on Tuesday. Judge Giles issued a warrant without bond for his arrest.

* Carolyn Jacobs, 19, of Sioux Falls, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine $, and use or possession of drug paraphernalia. Jacobs faces a jury trial in mid-October unless she changes her plea.

* Travis Adams, 32, of Mitchell, did not appear in court on Tuesday for two counts of possession of a controlled substance, two Class 5 felonies, and two counts of use or possession of consumable paraphernalia drug. A warrant without bail has been issued for his arrest.

* Emery Goodshot, 36, of Eagle Butte, admitted breaching probation. He was serving probation for grand larceny over $5,000 and under $100,000. His probation violation stems from his running away from a treatment center. Goodshot is currently serving a prison sentence. He was sentenced to six years in prison including six years suspended for violation of probation.

* Thomas Sessions, 55, of Mitchell, did not contest possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine.

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