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Davison County felony court cases for July 20

A roundup of Wednesday's felony court proceedings at Davison County Public Safety Center

The Davison County Public Safety Center serves as the home for county lockup. (Matt Gade/Republic)
Shown here is the Davison County Public Safety Center in Mitchell.
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MITCHELL — The following cases were among those heard Wednesday during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

  • Robert Hemmah, 38, of Salem, pleaded guilty to sexual exploitation of a minor, a Class 6 felony that carries a maximum sentence of up to two years in prison and a $4,000 fine. He was initially charged third- and fourth-degree rape of a minor under the age of 16, which he pleaded not guilty to in April. An indictment against Hemmah alleged he had sexual contact with a minor who was 15 years old at the time of the incident near the Dry Run Creek trails in Mitchell. Hemmah was granted a personal recognizance bond to take care of an arrest warrant in Sioux Falls. A presentence report was ordered to be conducted prior to his sentencing hearing. Hemmah is scheduled to be sentenced on Sept. 13.
  • Jerrett Ryant, 19, of Mitchell, admitted to violating probation and absconding. Ryant was sentenced to 10 years in prison with five years suspended. He was serving probation for second-degree burglary, which is a Class 3 felony that carries a maximum sentence of up to 15 years in prison. Ryant was one of three suspects who was charged for his role in a burglary that took place at a Mitchell apartment. Video surveillance footage of the burglary showed Ryant and another suspect kicking the door down for the trio of suspects to enter the apartment, where they stole firearms, a laptop and ammunition. Ryant’s attorney, Michael Sharp, said Ryant’s probation violation stemmed from his roommate at a treatment facility smoking K2, a synthetic marijuana substance. The incident played a role in Ryant’s removal from the treatment facility, he said. Prior to imposing the prison sentence, Judge Giles said Ryant has been given “plenty of opportunities” to rehabilitate himself. He received credit for serving 136 days in jail.
  • Dakotah Ladeaux, 23, of Pierre, pleaded guilty to second-degree burglary, a Class 3 felony that carries a maximum sentence of up to 15 years in prison. Ladeaux was initially charged for allegedly having sexual contact with a child who was 10 at the time of the alleged incident, but he struck a plea agreement with prosecuting attorneys that resulted in a new indictment of second-degree burglary. Therefore, the sexual contact with a child under 16 charge, a Class 3 felony, was dismissed as part of the plea deal. The plea agreement for the new burglary charge recommends a prison sentence of 7.5 years. According to the new indictment for the burglary charge, Ladeaux entered into a Mitchell home in July 2021 with the intent to assault a victim on the premises. A presentence investigation report was ordered to be completed prior to his sentencing. Ladeaux is scheduled to be sentenced on Sept. 1.
  • Samantha Schwartzbauer, 35, of Mitchell, appeared in court Wednesday for an alleged probation violation. She previously failed to appear in court in June for possession of a controlled substance, 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. Schwartzbauer is scheduled to face a jury trial in mid-October unless she changes her plea prior to the trial date. She was granted a personal recognizance (PR) bond on Wednesday to allow her release from jail with the condition of participating in the 24/7 alcohol screening program.
  • Billie Jo Fischer, 47, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine. She was also ordered to serve two years of probation as part of her sentencing. Fischer informed the court she is battling cancer and requested to move to another state to be with her family while she receives medical treatment.
  • Clifton Red Feather, 50, of Mitchell, had a date set for a jury trial in connection to an alleged probation violation. Red Feather was denied a bond modification on Wednesday. He had previously failed to appear in court for a hearing several months prior to Wednesday’s hearing. Red Feather is serving probation for possession of a controlled substance (meth), a Class 5 felony. Davison County State’s Attorney Jim Miskimins requested Red Feather’s bond modification be denied. Red Feather has denied violating probation. He’s scheduled to face a jury trial in mid-October.
  • Michael Evans, 41, of Sioux Falls, had a jury trial date set for mid-October. Evans was charged with possession of a controlled substance, possession of marijuana in the amount of 2 ounces and less than a ½ pound and use or possession of drug paraphernalia. He previously pleaded not guilty to all charges and is seeking to suppress the evidence used to charge him. Judge Giles indicated he will make a determination on Evans’ motion to suppress the evidence in the near future.
  • Joseph Marr, 29, of Rapid City, was sentenced to five years in prison with five years suspended for 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. Prosecutors indicated on Wednesday that Marr had self reported himself to authorities while possessing needles that tested positive for meth. He was in Mitchell to attend a treatment program. Marr received credit for serving 71 days in jail. He was also ordered to serve two years of probation as part of his sentencing.
  • Trenton Slattery, 20, of Mitchell, pleaded guilty to simple assault, a Class 1 misdemeanor. He was sentenced to 70 days in jail with 60 days suspended. Slattery received credit for serving 10 days in jail. His simple assault charge stemmed from him throwing a trash can at his girlfriend, which struck her in the face, prosecuting attorneys said Wednesday. At the request of his girlfriend, who was in attendance at Wednesday’s court hearing, Slattery’s protection order was lifted.
  • Justin Curtis, 32, of Mitchell, admitted to violating probation and absconding probation. Deputy State’s Attorney Robert O’Keefe said Curtis was residing in Washington for two years while on probation. Curtis recently moved back to South Dakota and has been working a full-time job at a residential home construction company. He touted his recent success as a reason to allow him another chance at probation. Curtis was sentenced to two years of probation and avoided a prison stint.
  • David Walker, 46, of Mitchell, pleaded guilty to possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and eluding, a Class 6 felony. He has several charges pending in other South Dakota counties. Walker was sentenced to five years in prison with five years suspended for the possession charge. He was sentenced to two years in prison with two years suspended for the eluding charge. Walker received credit for 16 days in jail.
  • Neal Ferguson, 43, of Mitchell, admitted to violating probation. He was sentenced to five years in prison with two years suspended. Ferguson said he failed to go to the treatment facility due to concerns of his kids' supervision. He was serving probation for 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. State’s Attorney Miskimins sought a five-year prison sentence for Feguson, saying “I don’t think Mr. Ferguson is capable of being supervised.”
  • Anita Kenyon, 40, of Mitchell, had her next court hearing set for Aug. 16. She was granted a PR bond to allow her release from jail. As part of her bond conditions, Kenyon must participate in twice-weekly urinary analysis testing.
  • Ernesto Garcia-Galleges, 34, of Mitchell, pleaded guilty to a second-offense Driving Under the Influence (DUI), a Class 1 misdemeanor charge that carries a maximum sentence of up to one year in jail and a fine. He was sentenced to 90 days in jail with 75 days suspended. He was granted work release for the 14 days of jail he will be serving.
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Sam Fosness joined the Mitchell Republic in May 2018. He was raised in Mitchell, S.D., and graduated from Mitchell High School. He continued his education at the University of South Dakota in Vermillion, where he graduated in 2020 with a bachelor’s degree in journalism and a minor in English. During his time in college, Fosness worked as a news and sports reporter for The Volante newspaper.
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