Davison County felony court cases for Mar. 28

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:

• Bryon Fischer, 49, of Mitchell, pleaded not guilty 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 March 5 after taking an “unknown amount” of pills. During the pursuit that stretched from high-traffic Mitchell roads 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. Fischer’s cash bond was reduced to $1,500 with the condition of participating in twice-weekly Urinary Analysis testing.
  
• Courtney Stork, 42, of Mitchell, was sentenced to five years in prison with two years suspended for possession of a controlled substance (meth), a Class 5 felony. State’s Attorney Miskimins dubbed Stork as “unsupervisable” and said his history of drug use has led to more violent behavior as of lately. Stork’s attorney, Richard Rylance, argued Stork’s honesty in admitting he hasn’t fully kicked his drug addiction showed he was serious about rehabilitation. While Judge Giles commended Stork for being honest in the pre-investigation reports, he said Stork explaining in the report that he was using meth on a frequent basis revealed conflicting issues due to the clean drug tests Stork was producing. Stork’s admission of using meth during the same timeline he was passing UAs led Giles to speculate Stork was adulturing his drug tests. During Tuesday's hearing, Giles said the court was “very suspicious” of Stork’s UAs. Stork was recently discharged from parole prior to being sentenced on Tuesday.
  
• Jesus Garcia, 33, of Mitchell, pleaded not guilty to child abuse, a Class 6 felony, aggravated eluding, a Class 6 felony, simple assault (domestic abuse) with intent to cause bodily injury, resiting officers, failure to make a stop and causing property damage and a first-offense DUI charge. According to an arrest affidavit, Garcia allegedly got into a domestic altercation on March. 13 and struck a victim in the head and threw a can of food at another victim before fleeing the scene in his van. When officers arrived, Garcia allegedly began driving away at high speeds along Sanborn Boulevard. Witnesses reported to authorities that an alleged intoxicated Garcia drove into oncoming traffic before striking a curb and crossed a five-lane road on the Highway 37 bypass until he collided with a street sign, which disabled his vehicle, according to the affidavit. After striking a street sign, Garcia allegedly attempted to flee on foot until he was arrested by an officer moments later. He was granted a PR bond on Tuesday to allow his release from jail.
  
• Dustin Feistner, 43, 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, a misdemeanor. Prior to Tuesday’s hearing, Feistner had his taxi license revoked by the Mitchell City Council due to his latest arrest. Feistner was operating his taxi business, Speedy Taxi, at the time of his arrest. He’s scheduled to face a jury trial in June unless he changes his plea prior to the trial date.
  
• Jeffrey Marshall, 52, of Mitchell, pleaded not guilty to sexual exploitation of a minor, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. According to an arrest affidavit, Marshall allegedly gave a 4-year-old child – who he had no relation to – a bath at his nearby apartment in Mitchell. The affidavit explains Marshall allegedly gave the child a bath after the mother of the child refused to allow Marshall to do so. After refusing Marshall to bathe her child, the mother noticed the child was briefly missing from her apartment in late November and found the child naked in Marshall’s bath tub, the affidavit says. Marshall allegedly told authorities he gave the child a bath but denied touching the child in a sexual manner, dubbing the incident as a “big misunderstanding,” according to the affidavit. The child’s mother alleged Marshall “sexually assaulted” the child, the affidavit explains. Marshall is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.
  
• Justin Hoek, 43, of Mitchell, pleaded not guilty to conspiracy and misrepresentation to obtain a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine.
  
• Melissa Livingston, 43, of Mitchell, pleaded guilty to 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. State’s Attorney Jim Miskimins said he’s recommending a prison sentence for Livingston’s latest charge. She was serving probation at the time of her arrest for grand theft in the amount between $1,000 and $2,500. Livingston is scheduled to be sentenced on April 11.
  
• Gene Riggs, 46, of Ethan, had his next hearing scheduled for April 11 in connection 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. Riggs was ordered to participate in the 24/7 alcohol screening program while he seeks to appoint an attorney to represent for the DUI charge.
  
• Donald Fasthorse, 50, address unknown, pleaded not guilty to manufacturing, distribution and possession of a controlled substance, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, a drug free zone violation, a Class 4 felony, possession of a controlled substance (meth), a Class 5 felony, aggravated eluding, a Class 6 felony, and use or possession of drug paraphernalia. He’s scheduled to face a jury trial in June unless he changes his plea prior to trial.
  
• Heaven Miller, 33, of Mitchell, denied violating probation on Tuesday. Miller was serving probation for possession of a controlled substance (meth), a Class 5 felony. Her attorney, Doug Pappendick, said Miller has another pending case in Sanborn County.
  
• Joshua Weber, 28, of Huron, was denied a bond modification request on Tuesday. He previously pleaded not guilty to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony. Weber is scheduled to face a jury trial in June unless he changes his plea prior to the trial date. He was on parole with the Department of Corrections at the time of his DUI arrest. Weber indicated he would like to seek a new attorney.
  
• Candace Byington, 41, of Lower Brule, had a status hearing scheduled for April 11 for an alleged probation violation. Byington is serving probation for possession of a controlled substance (meth), a Class 5 felony. She was granted a 48-hour furlough to allow her temporary release from jail to tend to a family member who is preparing for a medical procedure.
  
• Joshua Lomme, 32, of Mitchell, pleaded guilty to two counts of identity theft, each Class 6 felonies that carry a maximum sentence of up to two years in prison and a $4,000 fine. In a separate case, Lomme pleaded 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. His sentencing hearing was delayed to April 11. According to Davison County Deputy State’s Attorney Robert O’Keefe, Lomme stole a credit card and used it to play casino games on his cell phone. His request for a bond modification was denied Tuesday. Judge Giles pointed to the handful of felony charges Lomme is facing as one factor that led to his decision to deny a bond reduction.
  
• Ezra Dozier, 25, of Mitchell, was sentenced to two years in prison with two years suspended for a third-offense simple assault (domestic abuse) charge, which is a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. He received credit for serving 50 days in jail. Dozier was ordered to serve two years of probation.
  
• Michael Cline, 36, of Sioux Falls, pleaded guilty to possession of a controlled substance, a Class 5 felony. He was sentenced to five years in prison with three years suspended, while receiving credit for serving 16 days in jail. According to State’s Attorney Miskimins, Cline pulled a fixed blade knife during an argument at a Mitchell residence, which prompted officers to respond. When officers responded to the incident, a search revealed Cline was in possession of meth. During Tuesday’s hearing, Cline argued he pulled the knife out in self defense. Cline was on parole at the time of his arrest.
  
• Austin Jennings, 22, of Mitchell, pleaded not guilty to identity theft, a Class 6 felony, and first-degree petty theft with a value over $400, a Class 1 misdemeanor. According to an arrest affidavit, Jennings allegedly changed tip amounts on numerous receipts and increased the dollar amounts.
  
• Kyle Long Crow, 33, of Mitchell, failed to appear in court Tuesday. He’s facing possession of a controlled substance, a Class 5 felony, driving with a revoked license, use or possession of drug paraphernalia and open alcoholic beverage container.
  
• Lawrence Antoine, 48, of Mitchell, pleaded not guilty to aggravated assault (domestic abuse) by way of strangulation, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an arrest affidavit, Antoine allegedly put a victim in a “choke hold” while he was “extremely intoxicated.”
  
• Vernon Merritt Jr., 22, of Mitchell, pleaded guilty to second-degree escape by a prisoner, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He was sentenced to five years in prison with two years suspended, while receiving credit for serving 110 days. He was also sentenced to five years in prison with three years suspended for possession of a controlled substance, a Class 5 felony. Merritt Jr. received credit for serving 99 days in jail for the drug possession charge. State’s Attorney Miskimins pointed to Merritt Jr.’s decision to abscond and discontinue a treatment program he fled from as actions that make him “unsupervisable.” During Tuesday’s hearing, Judge Giles said Merritt Jr. would have “probably been given an opportunity for probation” if he would have completed the treatment program.
  
• Todd Hattum, 51, of Harrold, denied violating probation during Tuesday’s hearing. Hattum was serving probation for possession of a controlled substance, a Class 5 felony. His attorney, Doug Dailey, said Hattum has been struggling with sobriety after his wife and son died in recent years. Court records show Hattum is facing a handful of charges in Buffalo County, including manufacturing, distribution and possession of a controlled substance (meth), a Class 4 felony that carries a maximum sentence of 10 years in prison, attempt to commit a felony while carrying a firearm, a Class 2 felony that carries a maximum sentence of 25 years in prison, and possession of a firearm with prior felony drug conviction, a Class 6 felony. He’s facing up to 37 years in prison for the charges. Hattum was granted a personal recognizance bond (PR bond) on Tuesday to allow his release from jail. Dailey argued his release would allow Hattum to tend to his ranch in Hughes County.
  
• Tory Morrow, 32, of Mitchell, had his next hearing scheduled for April 11. He’s facing first-degree burglary, a Class 2 felony that carries a maximum sentence of 25 years in prison and a $50,000 fine, violation of a protection order and possession of unauthorized articles while in jail. According to an arrest affidavit, Morrow allegedly broke into a victim’s home and got into an altercation. After being arrested and detained, Morrow allegedly smuggled peppermint liquor into his jail cell. Morrow is awaiting final results of a competency evaluation to proceed with his case.
  
• Lyndon Sohappy, 28,of Yakima, Washington, had his next hearing scheduled for April 11 in connection to 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, as he had not committed any crimes prior to stealing the patrol car. He's awaiting a psychiatric evaluation.
  
• Emily Koch, 30, of Mitchell, pleaded not guilty to three counts of possession of a controlled substance (meth, psilocybin mushrooms and THC wax), each Class 5 felonies, and use or possession of drug paraphernalia, a misdemeanor offense. Koch was granted a PR bond on Tuesday to allow her from jail with the condition of completing twice-weekly UA testing.
  
• Aria Uthe, 25, of Sioux Falls, was denied a request for a bond modification on Tuesday. Uthe is facing 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, unauthorized ingestion of a controlled substance and use or possession of drug paraphernalia. Judge Giles pointed to her history of multiple failed court appearances as a major factor for denying her bond.
  
• Desteny Brotherton, 21, of Mitchell, pleaded not guilty to identity theft, a Class 6 felony, and first-degree petty theft, a misdemeanor offense. Brotherton allegedly used a stolen credit card to purchase items online, according to an arrest affadavit.
  
• Jewel Old Lodge, 31, of Winner, failed to appear in court Tuesday for two counts of possession of a controlled substance, each Class 5 felonies, possession of marijuana in the amount of 2 ounces or less, unauthorized ingestion of a control substance and use or possession of drug paraphernalia, each misdemeanor offenses. A bench warrant was issued for her arrest.
  
• Richard Dukes, 57, of Mitchell, was scheduled to appear in court on April 11 for residing in a safe zone as a registered sex offender, a Class 6 felony.
  
• Melissa Hedger, 47, of Mitchell, was sentenced to 5 years in prison with 5 years suspended for possession of a controlled substance, a Class 5 felony. She was ordered to serve two years of probation, as part of her sentencing.
  
• Jackson Streetman, 27, of Mitchell, was granted a suspended imposition for two counts of possession of a controlled substance, each Class 5 felonies. He was ordered to serve two years of probation, as part of his sentencing. Judge Giles recognized Streetman as a “good candidate” for a suspended imposition, citing his clean criminal record leading up to Streetman’s recent drug charges.
  
• Michael Farmer, 21, of Mitchell, was sentenced to two years in prison for simple assault against a law enforcement officer, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. He was sentenced to two years in prison with two years suspended for the second count of simple assault against a law enforcement officer, a Class 6 felony. Prosecuting attorneys said Farmer struck two correctional officers in the face while in jail, inflicting minor injuries on both officers. Farmer received credit for serving 63 days in jail.
  
• Sonny Antelope, 40, had his next hearing set for May 9 in connection to possession of prescription or nonprescription drugs while in jail, a Class 4 felony, unauthorized manufacturing, distribution, counterfeit and possession methamphetamine, a Class 3 felony. According to an affidavit, Antelope allegedly smuggled meth into jail several hours after being detained for possession of a controlled substance. Antelope sold the meth to two inmates in exchange for a bag of coffee, the affidavit says. He is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.
  
• Tyrone Broken Rope, 33, of Mitchell, was sentenced to 15 years in prison with six years suspended for aggravated assault (domestic abuse), a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Prosecuting attorney O’Keefe recommended a 15-year prison sentence be imposed, citing the violent nature of the assault. Judge Giles pointed to Broken Rope committing the assault while on parole and recent incidents during his time in Davison County jail as major concerns that were factored into his sentencing decision.