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Davison County felony court cases for Sept. 13

Two Mitchell women charged for their roles in the rape of a minor entered guilty pleas on Tuesday during Davison County felony court proceedings, with one pleading guilty to pimping and the other suspect pleading guilty to fourth-degree rape of a minor.

The Davison County Public Safety Center.
The Davison County Public Safety Center.
Republic file photo
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MITCHELL — The following cases were among those heard Tuesday, Sept. 13, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

  • Travis Auch, 38, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), possession of marijuana in the amount of 2 ounces or less, obstructing a police officer, resisting arrest and use or possession of drug paraphernalia. According to an arrest affidavit, Auch “pushed” a police officer while attempting to search his vehicle. After officers managed to handcuff him, the vehicle search uncovered a bag of meth, marijuana, a fully loaded .45 caliber Ruger pistol with a live round in the chamber, a fully loaded shotgun and several large knives, an affidavit says. He is scheduled to face a jury trial in mid-December unless he changes his plea prior to the trial date.
  • Janice Fast Horse, 46, of Mitchell, pleaded guilty to pimping, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine, and contributing to the delinquency of a minor, a Class 1 misdemeanor. According to Deputy State’s Attorney Robert O’Keefe, Fast Horse was “approached by another person to procure someone to perform sexual acts” on a victim, who was a minor. O’Keefe said Fast Horse was paid $40 to arrange the sexual incident. Fast Horse was granted a personal recognizance bond to allow her release from jail. She is scheduled to be sentenced on Oct. 4. Fast Horse was the one of two suspects who was initially charged in the rape of a minor, but the other suspect, Elgina Callahan, 48, pleaded guilty to foruth-degree rape of a minor on Tuesday.
  • Elgina Callahan, 48, of Mitchell, pleaded guilty to fourth-degree rape of a minor, a Class 3 felony that carries a maximum sentence of up to 15 years in prison and a $30,000 fine. Callahan was one of two suspects charged for the rape of a victim who was 15 years old. While both Callahan and Fasthorse were initially charged with fourth-degree rape, Callahan was the suspect who admitted to allegedly “engaging in sex” with the 15-year-old victim, an arrest affidavit says. Callahan is scheduled to be sentenced on Nov. 22. The affadavit also alleged the victim was punched in the face by one of the two suspects and woke up to having sexual acts performed on them.
  • David Adamyan, 39, of Sioux Falls, pleaded not contest to use or possession of drug paraphernalia, a Class 1 misdemeanor. He was sentenced to 30 days in jail with 30 days suspended. His attorney, Cole Morgan, explained Adamyan, a Ukrainian native, was dealing with “difficult times” due to the ongoing Russia and Ukraine conflict.
  • Melinda Moreno, 51, of Mitchell, had a trial date set for the following charges: manufacturing, distributing and possessing scheduled drugs, knowing a child is present while using methamphetamine, two counts of possession of a controlled substance (meth), use or possession of drug paraphernalia and Driving Under the Influence. Moreno’s attorney, Doug Dailey, was granted his request to allow fingerprint test results on the drug related items Moreno allegedly had in her possession when she was pulled over for a traffic violation. She is scheduled to face a jury trial in mid-December, unless she changes her plea prior to the trial date.
  • Damond Baldwin, 41,of Mitchell, appeared in court Tuesday for an arraignment hearing in connection to second-degree robbery, a Class 4 felony that carries a maximum sentence of up to 10 years in prison and a $15,000 fine. According to an arrest affidavit, the alleged assault took place at the Corn Palace Inn motel after one of the two suspects placed a baseball cap over the security cameras at the motel prior to the alleged assault. The affidavit characterizes the assault as “brutal and disturbing” and states the victim’s keys and phone were stolen. According to the affidavit, investigators managed to obtain video surveillance that showed Baldwin and Michael Wermers, 38, in the parking lot moments before the alleged assault took place, and noted they could hear Baldwin and Wermers confronting the victim followed by sounds of the assault. Wermers recently pleaded not guilty to all charges stemming from the incident. Baldwin’s request for a personal recognizance bond was denied Tuesday at the recommendation of prosecuting attorney O’Keefe, who said it was a “very violent attack.”
  • Alfred Walters, 51, of Mitchell, pleaded not guilty to possession of a controlled substance, 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. He is scheduled to face a jury trial in mid-December unless he changes his plea prior to the trial date.
  • Lynette Chargingwhirlwind, 50, of Mitchell, had her next hearing set for Nov. 22 in connection to aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum sentence of up to 15 years in prison and a $15,000 fine. She’s been denied bond modifications, as the alleged charge she is facing occurred over four years ago. Chargingwhirlwind has absconded for the past four years until she was recently apprehended.
  • Jamie Kalkman, 41, of Huron, pleaded guilty to forgery, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. She was sentenced to five years in prison with five years suspended. In addition, Kalkman was ordered to serve four years of probation and pay roughly $900 in restitution fees to the financial institution she stole from. Her charge stemmed from passing a forged check at a Mitchell store.
  • Samantha Schwartzbauer, 35, 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. She was sentenced to five years in prison with five years suspended. Schwartzbauer was also ordered to serve two years of probation as part of her sentencing. Judge Giles indicated he would consider granting her a suspended imposition upon successful completion of probation.
  • Tory Morrow, 32, of Mitchell, had his next hearing set and an attorney appointed. Morrow is facing a probation violation charge. He was serving probation as part of his sentencing for possession of methamphetamine.
  • Theron Kayser, 18, of Mitchell, pleaded guilty to petty theft, a Class 1 misdemeanor. Kayser stole roughly $400 from a victim, prosecuting attorneys said Tuesday. He was sentenced to 90 days in jail with 90 days suspended. Kayser was also ordered to pay roughly $1,600 in restitution fees.
  • Melissa Livingston, 43, of Mitchell, appeared in court Tuesday for a status hearing in connection to entering or superstitiously remaining in a building, obstructing a police officer and criminal entry into a motor vehicle and violating probation. Judge Giles said he would consider granting a personal recognizance bond to allow her release from jail following the completion of a psychiatric evaluation. Deputy Davison County State’s Attorney Robert O’Keefe urged against any bond modification, citing Livingston’s history of being arrested following her release from jail. She is serving probation for grand theft.
  • Jade Ott, 20, 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. Her sentencing was delayed to Oct. 11. Ott’s attorney, Richard Rylance, said Ott has already completed a treatment program.
  • Terri Johnson, 59, of Sioux Falls, failed to appear in court Tuesday for possession of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia. A no bond bench warrant was issued for her arrest.
  • Clarrisa Gonzales, 37, of Sioux Falls, had her next hearing set for Oct. 11 in connection to possession of a controlled substance, a Class 5 felony.
  • Kyla Jarabek, 35, of Mitchell, pleaded not guilty to possession of a controlled substance, a Class 5 felony, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia. She is scheduled to face a jury trial in mid-December.
  • Darwin Nelson, 43, of Mitchell, pleaded not guilty to a third offense domestic abuse (simple assault) with intent to cause bodily harm, domestic abuse (simple assault) with intent to cause bodily harm, permit threatening calls or harassment and false imprisonment.
  • Christopher Condit, 33, of Beresford, pleaded not guilty to three counts of identity theft, each Class 6 felonies, five counts of forgery, each Class 5 felonies, and petty theft. He is currently in prison and up for parole in 2024.
  • Melissa Loon, 46, of Mitchell, failed to appear in court Tuesday for an alleged probation violation. A no bond bench warrant was issued for her arrest.
  • John Fredericks, 52, of Mitchell, pleaded guilty to possession of a controlled substance, a Class 5 felony. He was sentenced to five years in prison with five years suspended. Fredericks was also ordered to serve two years of probation.
  • Ynosencia Lopez-Ferguson, 19, of Flandreau, admitted to violating probation.
  • Thomas Sessions, 55, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance, a Class 5 felony. He was also ordered to serve two years of probation.
  • Larry Abdo Jr., 44, of Lake Andes, pleaded guilty to possession of a controlled substance, a Class 5 felony. He was sentenced to five years in prison with five years suspended. Abdo Jr. was ordered to serve two years of probation, as part of his sentencing. He received credit for serving 15 days in jail.
  • Dakotah Ladeaux, 23, of Pierre, was sentenced to 15 years in prison with 15 years suspended for second-degree burglary, a Class 3 felony that carries a maximum sentence of up to 15 years in prison and a $30,000 fine. Ladeaux was granted entrance into the Teen Challenge program, which is a faith-based rehabilitation program. Judge Giles stipulated Ladeaux must complete the program for the suspended prison stint to remain in place. He received credit for serving 145 days in jail.
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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