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Mitchell man gets break after probation violation

A 27-year-old man was granted a break Tuesday in Mitchell when Judge Tim Bjorkman agreed to delay sentencing for a probation violation.

Blair Margiotti was convicted of fourth-degree rape in 2012 and received a suspended five-year prison sentence, which could be reimposed.

He violated his probation by testing positive for methamphetamine use earlier this year.

Assistant State's Attorney Bob O'Keefe said Margiotti is "doing the minimum amount necessary to get by on probation."

But O'Keefe suggested Bjorkman delay sentencing with a warning that Margiotti's efforts increase or prison time will be recommended.

"Part of the reason is he is set to start getting back on his payment plan in July since he's been working a while now," O'Keefe said.

"I'd like to see him making payments and to get him further along in his sex offender treatment, which I understand he's going to."

O'Keefe also said Margiotti hasn't always been fully cooperative with court services and arrives late to appointments.

"I'd like to see this moved out two or three months, with the warning to show more effort to avoid prison time," O'Keefe said.

Margiotti spoke up saying he had been five minutes late to one appointment and wasn't able to reach his court services officer immediately when his drug patch fell off.

Margiotti said he's doing individual sex offender therapy, has a steady job at a contracting company in Sioux Falls and goes to church on a regular basis, all of which keeps him busy.

"I'm working a lot of hours, as much overtime as I can. They know I need to stay busy," Margiotti said, referring to his employers.

Bjorkman delayed the sentencing until August.