Davison County felony court cases for Dec. 20
Among the cases heard was a Mitchell man who was denied a waiver for marijuana due to obtaining a medical cannabis card shortly after being arrested for marijuana-related felonies.
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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:
- Christopher Stunes, 41, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and $10,000 fine, and an alleged probation violation. Stunes was serving probation for a subsequent failure to register his address as a convicted sec offender. He was denied any bond modifications. Davison County Deputy State’s Attorney Robert O’Keefe said officers noted Stunes’ behavior was “very concerning” while allegedly high on meth when he was charged for the latest incident.
- Lyndon Sohappy, 28, of Yakima, Washington, had his next hearing pushed back to Jan. 3, pending a psychiatric evaluation. Sohappy was charged for grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years of prison and a $20,000 fine, and aggravated eluding, a Class 6 felony. Sohappy’s charges stem from a September incident in which Sohappy allegedly stole a Mitchell police patrol vehicle and led officers on a brief pursuit. An affidavit alleges Sohappy managed to climb through the small barricade separating the officer’s driver seat from the back seat and drive off in the stolen police car. He was not under arrest while sitting in the back of the officer’s patrol vehicle.
- Lance Shields, 29, of Mitchell, was sentenced to five years in prison with two years suspended for violating probation. He was also sentenced to five years in prison with five years suspended for an aggravated eluding charge.
- Aaron Oberembt, 42, of Las Vegas, pleaded guilty to possession of a firearm with a prior felony, a Class 6 felony, and grand theft in the amount of $5,000 and $100,000, a Class 4 felony. Judge Giles ordered a presentence investigation report to be conducted prior to sentencing. Davison County State’s Attorney Jim Miskimins previously informed the courts that Oberembt had been convicted of firearm felonies in Nevada in the past and was a subject in an attempted murder charge, which Miskimins noted was pleaded down to a lesser offense.
- Allen Thomson, 29, of Mitchell, was denied his request to have marijuana waived from his drug testing conditions. Thompson’s attorney, Reid Kiner, presented Judge Giles with Thompson’s state issued medical marijuana card, but Giles decided not to waive THC – the psychoactive ingredient in marijuana – after learning Thompson obtained the medical card months after being charged for marijuana-related felonies. He was charged with distribution, possession of marijuana in the amount of 1 ounce or less with intent to distribute, a Class 6 felony, possession of a controlled substance (THC wax), a Class 5 felony, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia.
- Timothy Funk, 60, of Mitchell, pleaded not guilty to 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, and use or possession of drug paraphernalia. Funk is scheduled to appear before a jury trial in early February unless he changes his plea prior to trial. He remains on the 24/7 alcohol screening program as part of his bond conditions.
- Cante’ Bad Moccasin, 19, of Mitchell, was granted a furlough on Tuesday to enter an in-patient substance abuse rehabilitation program. She is in custody for an alleged probation violation charge. Bad Moccasin was serving probation for possession of a controlled substance (meth).
- John Brinker, 40, of Mitchell, was granted a furlough Tuesday to enter an in-patient substance abuse treatment program. Brinker is facing an alleged probation violation charge, possession of a controlled substance, driving with a revoked license and use or possession of drug paraphernalia. He previously pleaded not guilty to the charges. Brinker is scheduled to face a jury trial in early February.
- Cody Zobel, 31, of Mitchell, pleaded not guilty to possession of a controlled substance (meth) and use or possession of drug paraphernalia. He is scheduled to face a jury trial in early April, unless he changes his plea prior to the trial date. Zobel remains on the 24/7 alcohol screening program while on bond.
- Chad Dalrymple, 45, of Parkston, was appointed an attorney for an alleged failure to register new employment as a convicted sex offender, a Class 6 felony that carries a maximum punishment of two years in prison and a $4,000 fine.
- Brenda Dwyer, 50, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), possession of prescription drugs while in jail, possession of marijuana in the amount between 2 ounces or less and use or possession of drug paraphernalia. Dwyer was denied her request for a bond modification. Judge Giles pointed to her recent history of failing to appear for court hearings as one of the reasons he denied the bond modification request.
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