Davison County felony court cases for April 25

MITCHELL — 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:

• Kyle Milekovich, 39, of Mitchell, pleaded not guilty to possession of a controlled substance (methamphetamine), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine, and use or possession of drug paraphernalia. According to an arrest affidavit, police uncovered items in Milekovich’s vehicle that tested positive for meth. He allegedly told officers he lived with known drug users, the affidavit says. Milekovich denied using drugs and refused to provide a urine sample due to concerns he “did not know what” the people he lived with “might have planted in his food,” according to an affidavit. He is scheduled to face a jury trial in August unless he changes his plea prior to trial.
  
• Allen Downey, 35, of Mitchell, was sentenced to 10 years in prison with four years suspended for possession, manufacturing and distributing child pornography, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to an arrest affidavit, Downey allegedly sent videos of himself to a minor showing him masturbating and requested nude images of the minor. Downey received credit for serving 144 days in jail.
  
• Allen Thomson, 30, of Mitchell, was sentenced to serve two years in prison for distribution and possession with intent to distribute 1 ounce or less of marijuana, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. In a separate charge, Thomson was sentenced to 112 days in jail, while receiving credit for serving 112 days in jail for simple assault (domestic abuse), a Class 1 misdemeanor. According to an arrest affidavit, Thomson’s simple assault charge stemmed from him allegedly striking his girlfriend 10 times in the face and causing a laceration to her face that required eight stitches. The victim was treated at a local hospital.
  
• Darrell Bennett Jr., 48, of Mitchell, pleaded not guilty to manufacturing, distribution and possession of schedule I or II drugs, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, drug free zone violation, a Class 4 felony, conspiracy to manufacture, distribute and possess drugs, a Class 4 felony, conspiracy to distribute, possession with intent to distribute marijuana in the amount of 1 ounce or less, a Class 6 felony, possession of a controlled substance, a Class 5 felony, and possession of marijuana in the amount between 2 ounces and a ½ pound, a Class 6 felony. According to an arrest affidavit, officers executed a search warrant at Bennett Jr.’s residence in Mitchell and allegedly uncovered “27 marijuana plants” growing in the basement. Officers also found, marijuana edibles, marijuana-infused butter and six jars of THC concentrate – the psychoactive compound in marijuana that produces a high – in the home, the affidavit alleges. In addition, the search uncovered bulk packaging with sticker labels that read, “Thank you for your business,” according to the affidavit. The home where Bennett Jr. was allegedly growing the marijuana plants and storing other items is located within 1,000 feet from Patton Young Park along the west side of Mitchell. Bennett Jr. is scheduled to face a jury trial in June unless he changes his plea prior to the trial date.
  
• Nikole McCarty, 34, of Mitchell, pleaded not guilty to three counts of identity theft, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine. According to an arrest affidavit, McCarty allegedly found a debit card belonging to another individual on the ground near an area in Mitchell that had recently been burglarized. McCarty allegedly admitted to authorities that she used the debit card to place money into her boyfriend’s jail phone account and her Facebook account. The affidavit says McCarty charged $97.32 on the debit card.
  
• Robert Hemmah, 39, of Mitchell, was sentenced to five years in prison with five years suspended for unauthorized ingestion of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. In a separate charge, Hemmah was sentenced to two years in prison with two years suspended for sexual exploitation of a minor, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. He was ordered to remain under the supervision of the Department of Corrections. Hemmah received credit for serving 100 days in jail.
  
• Derek Banks, 36, of Mitchell, admitted to violating probation and was sentenced to remain on probation. Banks is serving an eight-year probation stint for alteration and removal of serial numbers with intent to commit grand theft, which stemmed from Banks thieving roughly $105,000 from customers while he was an auto mechanic at his business called Simply RB. He was charged after some of his customers alleged he resold their parts, never completed work and stopped answering their calls. As part of his sentencing, Banks was ordered to pay $116,714 in restitution fees and was given a two-year suspended prison sentence during his sentencing hearing in March 2022.
  
• Tylynn Loudner, 32, of Mitchell, pleaded not guilty to grand theft in the amount between $5,000 and less than $100,000, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, and five counts of identity theft, each Class 6 felonies. Loudner is one of the three suspects who was charged for allegedly accessing a victim’s debit card and using it without authorization.
  
• Larry Abdo Jr., 44, of Mitchell, had a status hearing scheduled for July 18 in connection to identity theft, a Class 6 felony, second-degree petty theft and criminal entry into a motor vehicle, each misdemeanor offenses. Abdo Jr. is facing a probation violation charge. He was serving probation for possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine.
  
• Nellie Cribben, 40, of Mitchell, was sentenced to six years in prison with four years suspended for manufacturing, distribution and possessing a schedule I or II drug (meth), a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. Cribben received credit for serving nine days in jail. According to Davison County State’s Attorney Jim Miskimins, Cribben was charged after she sold a bag of meth to a confidential informant.
  
• Richard Espinoza, 21, of Mitchell, was sentenced to 73 days in jail with 60 days suspended for simple assault (domestic abuse) with intent to cause bodily injury, a Class 1 misdemeanor. He received credit for serving 13 days in jail.
  
• Raymon Laird, 50, of Sioux Falls, pleaded not guilty to two counts of forgery, each Class 5 felonies that carry a maximum sentence of five years in prison and a $10,000 fine, grand theft in the amount between $5,000 and $10,000, a Class 4 felony. An indictment alleges Laird passed multiple forged checks to a Mitchell bank, with one check that had an amount of $4,777 and the other $3,777. Laird is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.
  
• Candace Byington, 41, of Lower Brule, had a status hearing set for May 23 for an alleged probation violation. Byington is serving probation for possession of a controlled substance (meth), a Class 5 felony.
  
• Heaven Miller, 33, of Mitchell, was granted a two-week continuance for an alleged probation violation. She denied violating probation at a recent hearing. Miller is serving probation for possession of a controlled substance (meth), a Class 5 felony. Her attorney, Doug Pappendick, has indicated Miller has another pending case in Sanborn County.
  
• Heaven Bruguier, 34, of Mitchell, was granted a two-week continuance in connection to five counts of identity theft, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine, and one count of grand theft in the amount between more than $5,000 and less than $100,000, a Class 5 felony. An indictment says Bruguier was one of three suspects who allegedly accessed a debit card from a victim and used it without the victim’s authorization.
  
• Tod Hansen, 58, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia, a misdemeanor offense. Hansen is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.
  
• Garan Crader, 39, of Mitchell, denied violating probation on Tuesday. Crader is serving probation for aggravated eluding and simple assault against a law officer, each Class 6 felonies. Crader’s probation sentence began in January 2022 after he pleaded guilty to two assault charges that stemmed from an Oct. 6, 2021 incident in which Crader barricaded entrances into his residence with a female who was heard crying when officers arrived, according to an arrest affidavit. The victim managed to escape the barricade, which allowed officers to gain entry. According to an affidavit, Crader was pacing with a knife in his hand when he defied officers’ commands to drop the weapon. Officers then tased him multiple times to take the knife from his possession and detain, the affidavit says. In September, Crader admitted to violating probation and pleaded guilty to aggravated eluding a Class 6 felony.
  
• Bryon Fischer, 49, of Mitchell, had a status hearing scheduled for May 9 in connection to grand theft in the amount between $2,500 and $5,000, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine, aggravated assault with intent to cause bodily injury, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine, aggravated eluding, a Class 6 felony, unauthorized ingestion of a controlled substance, reckless driving and failure to make a proper stop, each misdemeanor offenses. According to an arrest affidavit, Fischer allegedly led officers on a vehicle pursuit on Mar. 5 after taking an “unknown amount” of pills. During the pursuit that stretched from high-traffic Mitchell streets to Highway 38 on the east side of Mitchell, Fischer allegedly attempted to strike a Highway Patrol trooper’s vehicle, which caused the trooper to swerve toward a nearby ditch, the affidavit says. The pursuit came to an end when Fischer’s truck began experiencing mechanical problems along Highway 25. When Fischer brought the truck to a stop, officers managed to arrest him. According to the affidavit, Fischer began experiencing medical problems when officers took him into custody, prompting emergency transportation to Avera Queen of Peace hospital in Mitchell. He is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.
  
• Kyle Ashes, 32, of Chamberlain, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. He was sentenced to serve two years of probation. Ashes received credit for serving 21 days in jail.
  
• Colt Tibbs, 30, of Dupree, pleaded guilty to possession of a controlled substance, a Class 5 felony. Tibbs was sentenced to five years in prison with five years suspended. He received credit for serving 29 days in jail.
  
• Gene Riggs, 46, of Ethan, pleaded not guilty to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine, and open alcoholic container in a vehicle, a misdemeanor offense. Riggs is scheduled to face a jury trial in August unless he changes his plea prior to the trial date.
  
• James Johnson, 44, of Mitchell, pleaded guilty to two counts of possession of a controlled substance, each Class 5 felonies. He is scheduled to be sentenced on June 20.
  
• Aaron Cooper, 40, of Mitchell, pleaded not guilty to manufacturing, distribution and possession of schedule I or II drugs, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, drug free zone violation, a Class 4 felony, conspiracy to manufacture, distribute and possess drugs, a Class 4 felony, conspiracy to distribute, possession with intent to distribute marijuana in the amount of 1 ounce or less, a Class 6 felony, possession of a controlled substance, a Class 5 felony, and possession of marijuana in the amount between 2 ounces and a ½ pound, a Class 6 felony. Cooper is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.