Two men appeared in a Davison County courtroom Monday afternoon for their first appearance after being charged following an altercation in the early morning hours of Sunday, Aug. 1.
Regan Ferguson, 20, of Mitchell, and Jared Lopez-Ferguson, 19, of Flandreau, face charges for aggravated assault, underage consumption and obstructing a law enforcement officer. Lopez-Ferguson also faces a charge for resisting arrest.
Court documents say that police responded to a call of an assault just before 2 a.m. on Sunday morning in the 900 block of West Eighth Avenue in Mitchell.
When officers arrived, witnesses shared a video of the alleged assault, which showed two males, later identified as Ferguson and Lopez-Ferguson, in an altercation with the victim.
An arrest affidavit says both males are seen holding the baseball bat in the video, but showed Ferguson standing in a "boxer's stance" and punching the victim with a closed fist. Ferguson then picked up the baseball bat and swung it toward the victims head, but only struck the victim's hand.
Witnesses allege that Ferguson fled the scene before officers arrived, and officers say they located Ferguson near the 600 block of Iowa Street.
Authorities say they were told Lopez-Ferguson was hiding in a nearby apartment with the bat. Before making entry to the apartment, officers could see the bat through a window.
The affidavit says that upon making entry, Lopez-Ferguson fled from officers, and pulled away from authorities when grabbed on the arm. Officers were "forced to pin the defendant to the ground" to place him in handcuffs.
Court documents say Lopez-Ferguson's preliminary breath test at the Davison County Jail read .067, while Ferguson's read .172.
Aggravated assault is a Class 3 felony, punishable by up to 15 years in prison, a fine of $30,000 or both.