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Circuit court cases from May 16

The Davison County Public Safety Center serves as the home for county lockup. (Matt Gade/Republic)

The following cases were among those heard Tuesday by Judge Tim Bjorkman during a circuit court hearing at the Davison County Public Safety Center in Mitchell.

Sentencings

• Elgina Callahan, 43, of Mitchell, was given a suspended imposition of sentence but was ordered to serve 90 days in jail, with credit for 13 days served, for ingestion of methamphetamine, and she was placed on probation for two years. She was ordered to pay $187 in court and prosecution costs.

• Schylar Dubray, 22, of Mitchell, was sentenced to four years in prison in two cases, suspended to 180 days in jail, for second-degree escape and possession of methamphetamine, and he was placed on probation for three years. Dubray was also ordered to pay court and prosecution costs of $605.13. Dubray was ordered to go to the Mitchell Job Service Office. If he gains employment, work release will be authorized.

• Jesse Pence, 35, of Mitchell, was sentenced to two years in prison for each of two counts of identity theft and one count of receiving stolen property, as well as five years in prison, two suspended, for third-degree burglary, with credit for 226 days served. He was also ordered to pay court costs and restitution of $7,809.83. Pence was ordered to enroll and complete a drug treatment program when he is released from prison. He is estimated to be eligible for parole in July.

• Kimberly Schaefer, 52, of Mitchell, was sentenced to three years in prison, suspended to 90 days in jail with credit for one day served, for possession of hydrocodone, and she was placed on probation for 2½ years. She was ordered to pay a $404 in fines, court costs and prosecution costs. She was also ordered to enroll in the 24/7 sobriety program.

• Robert Stuber, 34, of Mitchell, was sentenced to four years in prison, suspended to 180 days in jail with credit for four days served, for possession of methamphetamine, and he was placed on probation for four years. The jail time will be reserved for use by the Drug Court program. Stuber was also ordered to pay $241.02 in court and prosecution costs.

Guilty pleas and admissions

• David Degen, 25, of Mitchell, pleaded guilty to distribution of methamphetamine on Oct. 5 by selling meth to a confidential informant in the Thunderbird Lodge parking lot in Mitchell. The maximum penalty is 10 years in prison and a $20,000 fine. Four charges of possession and one count of distribution of methamphetamine were dismissed. Sentencing was scheduled in three weeks. A request to receive a physical exam was approved.

• Mark Drapeau, 32, of Mitchell, pleaded guilty to possession of methamphetamine on March 30. The maximum penalty is five years in prison and a $10,000 fine. He also admitted to violating probation in two cases for the same offense. The maximum penalty is 10 years in prison. Drapeau was previously placed on probation for two counts of possession of methamphetamine, and he's violated probation once before. Sentencing was scheduled in two weeks so he may apply for Drug Court.

• Sheradynn Eagleman, 21, of Mitchell, pleaded guilty to two counts ingestion of methamphetamine. Eagleman was sentenced to four years in prison for both cases, suspended to 61 days in jail with credit for 61 days served, and was placed on probation for 2½ years. She was ordered to pay $208 and $387.73 in court and prosecution costs.

• Lelana Fallis, 20, of Mitchell, pleaded guilty to possession of methamphetamine on Oct. 24. The maximum penalty is five years in prison and a $10,000 fine. Charges of ingestion of methamphetamine and possession of marijuana and drug paraphernalia were dismissed. Sentencing was scheduled in four weeks.

• Nikole McCarty, 28, of Mitchell, pleaded guilty to possession of methamphetamine on Feb. 17. Charges of ingestion of methamphetamine and opiates and possession of amphetamine and drug paraphernalia were dismissed. McCarty was granted a suspended imposition of sentence, but she was ordered to serve 90 days in jail, with credit for 28 days served, and was placed on probation for three years. McCarty was also ordered to pay $104 in court costs and $113.50 in prosecution costs.

• Joseph McGee, 33, of Mitchell, pleaded guilty to third-offense simple assault on Feb. 5. He was previously convicted of simple assault for incidents on July 25, 2014, and June 30, 2016. McGee was sentenced to two years in prison, suspended to 64 days in prison with credit for 34 days served, and was placed on probation for three years. He was ordered to pay $6,085.07 in restitution, fees and court costs and was also ordered to enroll in the 24/7 sobriety program upon his release from prison. McGee was ordered to have no contact with the victim except when court services authorizes it.

• Eric Rumbolz, 22, of Dimock, admitted to violating probation by using cocaine and marijuana in February and March, and he is expected to plead guilty to possession of a firearm with a prior felony drug conviction. Sentencing was scheduled in two weeks. A request for release on bond was denied, but he will be authorized to participate in the CBISA program if he is allowed to participate while in custody. Rumbolz was previously placed on probation for possession of methamphetamine.

• Randolph Smith, 34, of Mitchell, admitted to violating probation by using marijuana on Jan. 4. A suspended execution of sentence was reimposed, and he was given credit for 18 days served. Smith was previously placed on probation for aggravated assault.

• Katie Valle, 31, of Mitchell, admitted to violating probation by failing to appear for appointments with court services in February, being discharged from CBISA and possessing drugs in Minnehaha County. The maximum penalty is 14 years in prison. Valle plans to apply for Drug Court. The previous judgments of conviction remained in place in both cases, but Valle was ordered to serve 180 days in jail, with credit for time served, and was placed on probation for four years. The jail term will be issued as directed by the Drug Court program. Valle was previously placed on probation of possession of methamphetamine and possession of carisoprodol in jail.

• Joshua Weber, 22, of Woonsocket, pleaded guilty to possession of a handgun with a prior felony drug conviction on Nov. 9 and 10. A grand theft charge was dismissed. The maximum penalty is two years in prison and a $4,000 fine. He also admitted to violating probation in two cases for the same offense. The maximum penalty is six years in prison. An updated presentence investigation was ordered, and sentencing was scheduled for June. Weber was previously placed on probation for possession of methamphetamine and alprazolam, and he has violated probation once before.

Not guilty pleas and denials

• Joshua Butzler, 33, of Hartford, Wisconsin, pleaded not guilty to possession of THC with intent to distribute, possession of THC, possession of at least 1 pound of marijuana with intent to distribute, possession of 1 to 10 pounds of marijuana, possession of drug paraphernalia and speeding. A trial was scheduled for July.

• Ruth Eggert, 29, of Mitchell, pleaded not guilty to third-offense DUI. A trial was scheduled for July.

• Elijah Flood, 29, of Salem, pleaded not guilty to possession of between 1 ounce and one-half pound of marijuana with intent to distribute and possession of marijuana and drug paraphernalia. A trial was scheduled for July.

• Thomas Koster, 40, of Mitchell, pleaded not guilty to grand theft valued between $1,000 and $2,500. A trial was scheduled for July.

• Melissa Lane, 35, of Mitchell, denied violating probation by possessing methamphetamine. A trial was scheduled in two weeks. Lane was previously placed on probation for two counts of possession of methamphetamine.

• Kane McBrayer, 21, of Ethan, pleaded not guilty to possession and ingestion of methamphetamine and possession of drug paraphernalia. A trial was scheduled for July.

• Vanessa Peters, 31, of Mitchell, pleaded not guilty to two counts of forgery. A trial was scheduled for July.

• Stephanie Pietz, 29, of Mitchell, pleaded not guilty to two counts of simple assault against a law enforcement officer, resisting arrest and obstructing, police, jailers or firefighters. A trial was scheduled for July. A request for release on bond to obtain psychological treatment was approved if she takes twice-daily PBTs and twice-weekly urinalysis tests

• Jordan Port, 21, of Mitchell, denied violating probation by absconding and failing to maintain employment. A trial was scheduled in two weeks. Port was previously placed on probation for possession of marijuana in jail and has violated probation once before.

• David Smith, 46, of Fort Thompson, denied violating probation by failing to comply with the 24/7 program, missing an appointment with court services and being discharged from Stepping Stones. A trial was scheduled in two weeks.

• Victor Winters, 44, of Mitchell, pleaded not guilty to aggravated assault. A trial was scheduled for July.

Continuances

• Bobby Ashley, 57, of Mitchell, was granted a continuance for two weeks so he may apply for DUI Court. Ashley is charged with third-offense DUI.

• Jessica Buchholz, 30, of Mitchell, was granted a continuance for two weeks so she may be appointed an attorney. Buchholz is charged with violating probation by using methamphetamine, amphetamine and THC, possessing meth and drug paraphernalia and driving under the influence of drugs. She was previously placed on probation for possession of methamphetamine.

• Dustin Day, 29, of Mitchell, was granted a continuance for two weeks because he was recently appointed an attorney. Day is charged with ingestion of methamphetamine and possession of marijuana.

• Amy Demaranville, 46, of Mitchell, was granted a continuance for two weeks so she may be appointed an attorney. Demaranville is charged with violating probation. She was previously placed on probation for possession of methamphetamine and has violated probation once before.

• Ruth Ischen, 57, of Fedora, was granted a continuance for two weeks so she may request a new attorney. Ischen is charged with possession of morphine and alprazolam.

• Walter Jandreau, 33, of Mount Vernon, was not present. He may be in custody in Lake Andes. Jandreau is charged with aggravated assault.

• Jeremy Jones, 38, of Mitchell, motioned to modify his judgment of conviction to a suspended imposition of sentence, which was granted. He was sentenced on Aug. 11, 2015, to five years in prison, all suspended.

• Matthew Nunez, 23, of Mitchell, was granted a continuance for two weeks so he may be appointed an attorney. Nunez is charged with ingestion of methamphetamine.

• Jamie Shay, 31, of Mitchell, through her attorney, requested a psychological evaluation to determine her ability to proceed or lead to a possible plea of insanity. The motion was granted. Shay is charged with ingestion of methamphetamine, clonazepam and morphine and driving under the influence.

• Jeffery Starr, 31, of Mitchell, was granted a continuance for two weeks because he was recently appointed an attorney. Starr is charged with possession and ingestion of methamphetamine and possession of marijuana and drug paraphernalia.

• Austin Wipf, 19, of Mitchell, was granted a continuance for two weeks. Wipf is charged with two counts of fourth-degree rape.

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