Felony court cases for Sept. 1
The following cases were among those heard Tuesday during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:
- Charles Holiday, 32, of Dante, pleaded not guilty for violating his probation that stemmed from Driving Under the Influence (DUI). Holiday was arrested Aug. 4, in Lead, for ingestion of methamphetamine and possession of marijuana. Holiday could face up to two years in prison if he is found guilty. Holiday was granted a personal recognizance bond. However, the bond conditions include getting approval from the state and Lawrence County to participate in the 24/7 program, along with twice-weekly Urinary Analysis (UA) tests. His next status hearing is scheduled for Oct. 13.
- Jose Campos, 22, of South Sioux City, Nebrasksa, had his initial court appearance for a robbery that took place on Nov. 14, 2015, in Mitchell. Campos is facing three class felonies, which include first degree robbery and first degree kidnapping for the robbery. Campos' cash only bond is set at $50,000. Giles decided to delay the arraignment to take place in two weeks. At the upcoming Sept. 15 arraignment hearing, Campos will have the opportunity to make his plea.
- David Spirit Rack Jr., 22, of Sioux Falls, pleaded not guilty to five counts of raping a minor aged between 13 and 16-years-old that he was arrested for on Mar. 1, 2017. The charges are class three felonies. Spirit Rack Jr. could face up to 15-years in prison if found guilty for the alleged crimes. A personal recognizance bond was granted, and he must not be in contact with the victim and anyone under the age of 18 unless it is supervised by an adult, excluding family members. He will now face a jury trial for the charges he is facing on Dec. 14.
- Robert Motley, 37, of Mitchell, pleaded not guilty to petty theft, identity theft and forgery charges. The identity theft is a class six felony, while forgery is a class five felony and petty theft a class two misdemeanor. In addition, Motley pleaded not guilty to additional pending charges that include possession of a controlled substance and use of drug paraphernalia. He will now face a jury trial on Dec. 14.
- James Wessels, 38, of Artesian, failed to appear in court Tuesday for an arraignment hearing on charges that include grand theft auto charges in the amount and of more than $5,000 and less than $100,000. Giles granted Wessels the opportunity to contact his attorney by Sept. 10. Wessels was arrested in June for stealing a pickup. Should Wessels fail to do so, the court will entertain a motion to issue a bench-warrant for his arrest.
- Rudy Garcia, 40, of Mitchell, pleaded not guilty for child abuse and domestic abuse simple assault with the intention to cause bodily injury during his arraignment hearing. The alleged crimes are a class four felony and a class one misdemeanor. Giles granted Garcia a furlough for an in-patient treatment program. If Garcia does not complete the rehabilitation program, he is to be detained. Cash bond would be set at $1,000, if Garcia completes the program.
- Michael Shipley Jr., 35, of Mitchell, pleaded not guilty for identity theft, possession and use of drug paraphernalia, possession of stolen property, possession of two ounce of marijuana or less, possession of stolen property. He was charged with six felonies and pleaded not guilty to all of them. Judge Giles granted Shipley Jr. to enter into a 24/7 program and maintain Daily preliminary breath tests for alcohol, along with twice-weekly Urinary Analysis (UA) tests. Shipley Jr. also awaits disability evaluation. He was released from Davison County Jail on a personal recognizance bond, but must not leave the state. The jury trial for Shipley Jr. is set for December 14.
- David Rowland, 28, of Mitchell, pleaded not guilty to domestic abuse and aggravated assault by choking. Rowland was granted a personal recognizable bond. However, he must participate in the 24/7 program. The conditions of the bond mandate Rowland to not contact the victim involved with the domestic assault charge. If he violates the 24/7 program, Rowland would be denied bond until his trial. The jury trial is scheduled to take place Dec. 14.
- Jesus Rodriguez, 59, of Mitchell, pleaded not guilty to use of possession of drug paraphernalia, possession of a schedule one controlled substance, driving with a revoked license and an open alcoholic beverage in the vehicle. Giles will consider granting a furlough for in-patient treatment. Rodriguez will have a plea hearing on Nov. 24.
- Melody Ringing Shield, 30, of Mitchell, had a status hearing for unauthorized ingestion of a controlled substance, possession of marijuana in the amount of two ounces or less and a probation violation. Ringing Shield was offered to enter the drug court program, but was denied bond. If she is admitted to drug court, Giles said he will consider releasing Ringing Shield on bond.
- Robert Martin, 25, of Mitchell, was unable to be transported to Mitchell for a sentencing hearing. Martin's charges include forgery, petty theft, identity theft, and grand theft in the amount of more than $1,000 and less than or equal to $2,500. His sentencing hearing is scheduled to take place Sept. 15 at the Davison County Public Safety Center.
- Adrian Fredricks, 20, of Mitchell, plead guilty to use and possession of a controlled substance and paraphernalia, possession of two ounces or less of marijuana, possession of alcohol by a minor and being a social host, allowing consumption of alcohol by minors between the ages of 18 to 20, along with a probation violation. The charges included class five felonies, ultimately resulting in his sentence to serve five-years in prison with three years suspended. Judge Giles credited Fredricks for 34 days served. He initially faced a maximum penalty of serving up to 10 years in prison.
- Aaron Sudbeck, 25, of Mitchell, pleaded not guilty to aggravated eluding, aggravated assault against a law enforcement officer, resisting arrest, driving under the influence, possession of a loaded firearm while intoxicated, obstruction of a firefighter and jailer and failure to make a proper stop at an intersection. The hearing was Sudbeck's initial appearance since the June 6 incident when Sudbeck was charged with the crimes that he pleaded not guilty to. He will face a jury trial on Dec. 14.
- John Fritza, 56, of Mitchell, pleaded not guilty to aggravated assault resulting in bodily injury with indifference to human life and intentional damage. However, his charges were reduced to reckless driving. Fritza was sentenced to pay a $500 fine, and serve 91 days in jail, with 90 days suspended. Fritza was also credited for one day served. He will also be ordered to abide by one year of good behavior.
- Warren Staten, 25, of Mitchell, pleaded not guilty to loitering in a community zone as a registered sex offender and registration of a convicted sex offender. His jury trial is scheduled for Dec. 14.
- Sergio Nunez, 48, of Mitchell, pleaded not guilty to domestic abuse and aggravated assault by way of choking. He was also granted the opportunity of a $1,000 cash bond. Nunez will now face a jury trial Dec. 14.
- Edward Waters, 26, of Mitchell, pleaded not guilty to domestic abuse and aggravated assault by way of choking. He was granted a personal recognizance bond. Waters must also abide by a waiver of extradition allowing him to move to Sioux Falls.
- Harley Miller, 27, of Mitchell, pleaded not guilty to possession of a controlled substance, use or possession of drug paraphernalia, possession of marijuana in the amount of two ounces or less. Miller will have a status hearing on September 15.
- Tianna Williams, 19, of Mitchell, pleaded guilty to charges that include grand theft in the amount of more than $5,000 and less than $100,000 and probation violation during a status hearing. Williams had previously been arrested for possession of a controlled substance while in Minnehaha County jail and had multiple probation violations. Williams was sentenced to a five year prison sentence, with a two-year suspension. Her prison sentence also credits 181 days served.
- Darcy Davis, 48, of Knoxville, Tennessee, pleaded guilty to possession of a controlled substance, possession of marijuana in the amount of more than two ounces and less than one-half pound and a felony firearm charge. She was sentenced to a suspended imposition because the marijuana items were purchased in a state where the products were legal, Judge Giles said. Davis was also ordered to pay a $1,000 fine.
- Jason Toulouse, 43, of Mitchell, pleaded guilty to five felony charges. The charges include burglary, unauthorized ingestion of a controlled substance, possession of a controlled substance and use of drug paraphernalia. In addition, he committed four of the felony crimes while on probation for crimes that stemmed from possession and the use of controlled substances. For each of the felonies, he was sentenced to five years in prison, with three years suspended on four of the five, while two years were suspended for the last felony. In total, he was sentenced to 25 years in prison, with 14 years suspended. Toulouse was given credit for 406 days served in jail.
Melissa Larvie, 32, of Mitchell, pleaded not guilty to possession of a controlled substance, use and possession of drug paraphernalia, possession of marijuana in the amount of two ounces or less. Larvie will face a jury trial on Dec. 14. She was granted bond with the condition to complete twice-weekly urinary analysis tests.
Samantha Hamm, 29, of Watertown, pleaded guilty to possession of marijuana in the amount of more than a half-pound and less than one pound. She was also charged with driving under the influence and a felony weapon charge, which she pleaded not guilty to. Hamm is seeking for a plea agreement to receive a suspended imposition. Her next hearing is scheduled for Oct. 27.
Paige Provancial, 33, of Mitchell, pleaded not guilty to unauthorized ingestion of a controlled substance, possession of a controlled substance, possession of marijuana in the amount of two ounces or less and knowing a child is present where methamphetamine was either being used, distributed or manufactured and use or possession of drug paraphernalia. She will face a jury trial on Dec. 14.