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Davison County felony court cases for Nov. 22

Among the cases heard was a Mitchell man who pleaded not guilty to aggravated assault with a deadly weapon that stemmed from allegedly stabbing three victims in Mitchell.

The Davison County Public Safety Center serves as the home for county lockup. (Matt Gade/Republic)
The Davison County Public Safety Center.
Republic file photo
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MITCHELL — The following cases were among those heard Tuesday, Nov. 22, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

  • Cody Tomasi, 30, of Mitchell, pleaded not guilty to abuse, cruelty to a minor under the age of 7, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an arrest affidavit, the mother of the child reported to authorities that a photo showed bruises on the child’s face during a text messaging conversation with Tomasi. He is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date.
  • Dakotah Ladeaux, 24, of Mitchell, pleaded guilty to violating probation. He was serving probation for sexual contact with a child under the age of 16, a Class 3 felony that carries a maximum punishment of 15 years in prison. As part of his previous sentencing conditions, he was required to complete the Teen Challenge treatment program for his 15-year prison sentence to remain suspended. Ladeaux was recently terminated from Teen Challenge, which resulted in his probation violation charge. Judge Giles imposed a 15-year prison sentence with nine years suspended. Ladeaux received credit for serving roughly eight months in jail, which will be factored into his prison sentence.
  • Jose Arias-Aquino, 21, of Mitchell, pleaded guilty to possession of marijuana in the amount between a ½ pound and 1 pound with intent to distribute, a Class 4 felony that carries a maximum sentence of up to 10 years in prison, and possession of a firearm with a prior felony, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He also admitted to violating probation. For the charges he pleaded guilty to, Arias-Aquino is facing up to 17 years in prison. He is set to enter an in-patient treatment program before his sentencing hearing. According to an arrest affidavit, officers located Arias-Aquino — who was “covered in blood" — on Aug. 18 sitting inside an apartment building on the 200 block of West Second Avenue. The affidavit did not disclose information about why Arias-Aquino was covered in blood. Officers searched the then-heavily intoxicated Arias-Aquino and found a Ruger style pistol in his pocket, which was loaded with a magazine that had additional rounds in it. After officers conducted a check on the gun’s serial number, it was deemed as stolen, the affidavit alleges.
  • Anthony Zotti, 26, of Mitchell, pleaded not guilty to three counts of aggravated assault (domestic) with a deadly weapon, each Class 3 felonies that carry a maximum sentence of 15 years in prison. He’s facing up to 45 years in prison for the alleged assault charges. According to the Mitchell Police Department, Zotti allegedly stabbed three victims in early November. Davison County State’s Attorney Jim Miskimins said during the hearing that two victims were “slashed and had head lacerations” from Zotti’s stabbing. Miskimins urged against Zotti’s bond modification request, calling him “dangerous to the community.”
  • Travis Auch, 38, of Mitchell, 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. Auch was initially facing multiple felony charges for allegedly pushing an officer and being in the possession of a loaded firearm and several large knives. The additional felony charges were dismissed after he pleaded guilty to the possession of methamphetamine charge. Auch was sentenced to five years in prison with five years suspended. He was also ordered to serve two years of probation and pay restitution fees.
  • Jeffrey Bigelow, 61, of Mitchell, pleaded guilty to misprison of a felony, a Class 1 misdemeanor. The charge stemmed from Bigelow passing a forged check to a local bank at the request of an individual he met online, Davison County Deputy State’s Attorney Robert O’Keefe said. He had already paid $500 in restitution fees prior to his hearing. Bigelow was sentenced to one year of good behavior.
  • Allan Talks, 27, of Mitchell, 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. He was sentenced to five years in prison with five years suspended. Talks was on parole at the time of his arrest. Therefore, the state Department of Corrections will maintain supervision over him and decide on whether Talks is granted to attend treatment.
  • Bianca Walker, 31, 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. Walker is scheduled to face a jury trial on Feb. 6 unless she changes her plea prior to the trial date. She was granted a personal recognizance bond to allow her release from jail.
  • Dorothy Hansen, 42, of Mitchell, pleaded not guilty to aggravated assault with a deadly weapon and simple assault (domestic abuse) with intent to cause bodily injury. Prosecuting attorney O’Keefe informed the court that Hansen has a warrant out for her arrest for allegedly assaulting an officer in another county.
  • Nathan Hart, 26, of Mitchell, pleaded guilty to grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. He is scheduled to be sentenced on Jan. 31.
  • Ervin Carter, 37, of Yankton, failed to appear in court for aggravated eluding, grand theft and reckless driving. A warrant for his arrest remains in place.
  • Riley Coughlin, 18, of Mitchell, pleaded guilty to possession of marijuana in the amount of 2 ounces or less, a Class 1 misdemeanor. Coughlin was sentenced to 90 days in jail with 90 days suspended.
  • Aria Uthe, 25, of Sioux Falls, 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, unauthorized ingestion of a controlled substance and use or possession of drug paraphernalia. Uthe is scheduled to face a jury trial in early February.
  • Jeremy Zwetzig, 42, of Mitchell, was granted a two-week continuance 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. Davison County prosecuting attorney Miskimins previously noted Zwetzig is also a subject being investigated in a series of property crimes that took place in Mitchell.
  • Tammy Fischer, 45, of Mitchell, pleaded guilty to two counts of possession of a controlled substance, each class 5 felonies that carry a maximum sentence of five years in prison and a $10,000 fine. She was granted a suspended imposition, pending successful completion of probation.
  • Patricia Archambeau, 61, of Mitchell, failed to appear in court 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, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia. A bench warrant was issued for her arrest.
  • Cody Cole, 41, of Bartonville, Illinois, was granted a two-week continuance for possession of a controlled substance, a Class 5 felony.
  • Christopher Condit, 33, of Beresford, pleaded guilty to forgery, a Class 5 felony. He was sentenced to five years in prison with five years suspended. Condit is currently in the middle of a prison stint, which means he will be supervised by the Department of Corrections.
  • Michael Palmer, 34, of Mitchell, was granted a two-week continuance for an alleged intentional damage to property charge between the amount of $1,000 and $2,500, a Class 6 felony.
  • Joshua Chasing-Hawk, 40, of Yankton, failed to appear in court Tuesday for aggravated eluding, a Class 6 felony, illegal lane change, speeding on other roadways, no driver’s license, failure to make proper stop at intersection and a habitual offender charge. A bench warrant was issued for his arrest.
  • Lee Stanforth, 45, of Mitchell, pleaded guilty to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony. Prosecuting attorneys informed the courts that a warrant was out for Stanforth in another state. He will be expedited to Arizona in connection to the warrant. Stanforth was sentenced to one year of good behavior, along with having his driver's license revoked for one year.
  • Darwin Nelson, 43, of Mitchell, pleaded guilty to simple assault (domestic abuse), a Class 1 misdemeanor. Initially, Nelson was charged with a third-offense simple assault (domestic abuse) charge, but it was pleaded down. He was sentenced to 91 days in jail with 90 days suspended, while receiving credit for serving one day. Nelson was also ordered to one year of good behavior.
  • John Brinker, 40, of Mitchell, denied violating probation and pleaded not guilty to possession of a controlled substance, driving with a revoked license and use or possession of drug paraphernalia. He’s scheduled to face a jury trial in early February. Brinker was granted work release.
  • Vernon Merritt, 21, of Mitchell, had his next hearing scheduled for Jan. 17 for possession of a controlled substance, impersonation to deceive an officer and use or possession of drug paraphernalia.
  • Camdyn Wilson, 19, of Rapid City, failed to appear in court for grand theft in the amount between $5,000 and $100,000, a Class 4 felony. A bench warrant was issued for his arrest.
  • Brandee Jackson, 31, of Valentine, Nebraska, failed to appear for three counts of possession of a controlled substance, traffic substitute license plates, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia. A warrant for her arrest remains in place.
  • Xzaviyon Drapeau, 21, of Mitchell, had his next hearing set for Dec. 6 in connection to two counts of grand theft of a firearm valued less than or equal to $2,500.
  • Meaghan Carter, 22, of Mitchell, had her hearing set for Dec. 6 in connection to aggravated assault (domestic) with a deadly weapon, a Class 3 felony that carries a maximum sentence of up to 15 years in prison. She previously pleaded not guilty to the aggravated assault charge.
  • Charles Sundahl, 58, of Mitchell, pleaded guilty to entering or remaining superstitiously in a building, a Class 1 misdemeanor. He was sentenced to 95 days in jail with 90 days suspended, while receiving credit for five days served. Sundahl was also sentenced to 30 days in jail with 30 days suspended for second-degree petty theft, a Class 2 misdemeanor.
  • Kelby Weisser, 32, of Platte, pleaded guilty to possession of a controlled substance (THC wax), Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He is scheduled to be sentenced Jan. 31.
  • Nathan Picotte, 37, of Mitchell, pleaded guilty to simple assault (domestic abuse), a Class 1 misdemeanor. He was sentenced to 103 days in jail with 90 days suspended. He received credit for serving 13 days in jail.
  • Brenda Dwyer, 50, of Mitchell, failed to appear in court for possession of a prescription and nonprescription drugs in jail, possession of a controlled substance and possession of marijuana in the amount of 2 ounces or less. A bench warrant was issued for her arrest.
  • Ernest Isburg, 60, of Sioux Falls, pleaded guilty to possession of a controlled substance. Isburg’s sentencing hearing was set for Jan. 31.
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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