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Plankinton man takes deal for plea in aggravated assault case
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news Mitchell, 57301
Mitchell South Dakota 120 South Lawler 57301

PLANKINTON — A Plankinton man faces a maximum penalty of 15 years in prison and a $30,000 fine after accepting a plea deal for aggravated assault.

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As potential jurors assembled for jury selection Monday at the Aurora County Courthouse in Plankinton, Cory Cumings, 34, decided to take a plea deal before selection began, said State’s Attorney John Steele.

“We’re going to recommend he receive a suspended imposition of sentence because this is his first felony conviction,” Steele said Wednesday. “The conditions will be left open to the judge.”

A suspended imposition of sentence allows a person to wipe a felony conviction from their record, as long as they follow all terms of their probation. A suspended imposition is a one-time pass and cannot be used again.

Steele said the plea deal had been offered and remained available to Cumings for a while.

Sentencing has been set for April. Although the conditions of his sentence will be left to the judge, Steele said Cumings’ sentence could include jail time, a fine and anger management counseling.

Cumings is convicted of discharging two firearms in June to intimidate Allen Raecke, also of Plankinton.

A sheriff’s report states on June 9, Raecke saw two hunting dogs on his rural Plankinton property. He had seen wild dogs running around before, so he took his shotgun with him outside. Cumings was sitting on the road on his four-wheeler. Raecke said he told Cumings to get the dogs off his property and Cumings said, “Man, you’re crazy. I’ve got guns, too. I’ll be back.”

According to the sheriff’s report, a short time later, he said Cumings came back to Raecke’s residence where Cumings fired a shotgun into the air. He also said Cumings had a pistol, which he shot into the ditch in front of Raecke’s home.

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