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Circuit court cases from 1/10

The following cases were among those heard Tuesday during a circuit court session at the Davison County Public Safety Center in Mitchell.

Sentencings

  • Heaven Miller, 28, of Mitchell, was sentenced to five years in prison, two years suspended with credit for 83 days served, for possession of methamphetamine. She was also sentenced to four years in prison, one year suspended with credit for 53 days served, for violating probation, to run concurrent with the first sentence. She was ordered to pay restitution of $568.37. She is estimated to be first eligible for parole in November, and she is recommended to be committed to the women’s intensive methamphetamine treatment program in Pierre. Miller was previously placed on probation for possession of methamphetamine.

  • Cody Titus, 26, of Portland, Oregon, was sentenced to five years in prison for possession of psilocybin mushrooms and two years in prison for possession of between 2 ounces and one-half pound of marijuana. Both sentences were suspended to 180 days in jail, with credit for 58 days served, to run concurrent. Titus was placed on probation for one year and was fined $250 in each case. A review hearing was scheduled for July, and Titus is expected to be employed and in an aftercare program by that time.

Guilty pleas

  • Mark Drapeau, 32, of Mitchell, pleaded guilty to possession of methamphetamine on Dec. 2. He also admitted to violating probation by failing to attend meetings with court services on May 23 and June 10 and failing to update court services of his address. For the meth charge, Drapeau was sentenced to five years in prison, suspended to 120 days in jail, and was placed on probation for three years. Drapeau was ordered to enroll in the 24/7 sobriety program and to find a job within two weeks. For the probation violation, Drapeau’s suspended execution of sentence was continued, but he was placed on probation for two years. Drapeau was granted a furlough to seek employment. A charge of possession of drug paraphernalia will be dismissed. Drapeau was previously placed on probation for possession of methamphetamine.

  • Agnes Drapeaux, 26, of Mitchell, admitted to violating probation by absconding from the James Valley Drug Court on Sept. 29. Drapeaux was sentenced to four years in prison, with six months suspended and credit for 111 days served. She is recommended to be committed to the women’s intensive methamphetamine treatment program in Pierre. She is estimated to be eligible for parole in August. Drapeaux was previously placed on probation for ingestion of methamphetamine and has violated probation once before.

  • Robert Enoch, 28, of Mitchell, pleaded guilty to possession of methamphetamine on Dec. 29. Enoch was sentenced to five years in prison, suspended to 90 days in jail with credit for 34 days served, and was placed on probation for two years. Enoch was ordered to enroll in the 24/7 sobriety program and to seek enrollment at the Dakota Pride Treatment Center in Sisseton.

  • Jeffery McGhee, 44, of Mitchell, pleaded guilty to possession of methamphetamine on Oct. 25. McGhee was sentenced to five years in prison, suspended to 120 days in jail with credit for 40 days served, and was placed on probation for three years. Charges of ingestion of methamphetamine and possession of drug paraphernalia will be dismissed.

  • Juanita McKeen, 24, of Mitchell, pleaded guilty to grand theft of a firearm valued less than $2,500 on Nov. 14. McKeen was granted a suspended imposition of sentence but was ordered to serve 60 days in jail and pay a $100 fine. McKeen was placed on probation for two years.

  • Myhalee Metcalf, 22, of Mitchell, pleaded guilty to ingestion of methamphetamine on Oct. 14. The maximum penalty is five years in prison and a $10,000 fine. Sentencing was scheduled in two weeks. Charges of possession of marijuana and petty theft will be dismissed.

  • Erik Nielsen, 33, of Mitchell, pleaded guilty to three counts of possessing, manufacturing or distributing child pornography by downloading lude pictures from Twitter between Feb. 17 and 22. The maximum penalty is 30 years in prison and a $60,000 fine. A psychosexual evaluation and presentence investigation were ordered, and sentencing was scheduled for March. Three more counts of the same offense will be dismissed.

  • Neva Taylor, 41, of Mitchell, pleaded guilty to possession of methamphetamine on March 5. The maximum penalty is five years in prison and a $10,000 fine. Sentencing was scheduled in two weeks. Charges of ingestion of methamphetamine, possession of marijuana and keeping a place for the use or sale of a controlled substance will be dismissed.

Not guilty pleas

  • Elgina Callahan, 43, of Mitchell, pleaded not guilty to ingestion of methamphetamine. A trial was scheduled for May.

  • Justin Curtis, 26, of Mitchell, pleaded not guilty to ingestion of methamphetamine and possession of marijuana. A trial was scheduled for May. A request for release on a personal recognizance bond was denied.

  • Zachary Dilley, 21, of Watertown, denied violating probation by failing to register as a sex offender in Codington County, failing to attend sex offender treatment, missing appointments with court services and failing to stay in touch with court services. A trial was scheduled for February. A request for release on a personal recognizance bond was approved. Dilley was previously placed on probation for fourth degree rape of a person between the age of 13 and 16.

  • Kimberly Schaefer, 51, of Mitchell, pleaded not guilty to obtaining hydrocodone by theft and possession of hydrocodone. A trial was scheduled for May.

  • Joshua Weber, 22, of Woonsocket, pleaded not guilty to grand theft by receiving stolen property valued between $1,000 and $2,500. A trial was scheduled for May.

Continuances and warrants

  • Evangeline Deloria, 36, of Mitchell, was given a new attorney because her original lawyer had a conflict. She was granted a continuance for two weeks. Deloria is charged with possession and ingestion of methamphetamine.

  • Skyler Leiferman, 21, of Mitchell, was granted a continuance for two weeks so he may be appointed an attorney. Leiferman is charged with violating probation by committing first-degree burglary on Nov. 7. He was previously placed on probation for second-degree burglary.

  • Roque Rodriguez, 23, of Mitchell, was not present and has not attended 24/7 since about Dec. 18. A bench warrant has already been issued, so no action was taken. Rodriguez is charged with possession of 1 ounce to one-half pound of marijuana with intent to distribute, possession of marijuana and obstructing police, jailer or firefighter.

  • Johnnie Ryan, 48, of Mitchell, was given an attorney and was granted a continuance for two weeks. Ryan is charged with failure to register as a sex offender.
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