A 26-year-old Mitchell man who pleaded no contest to fourth-degree rape in February was sentenced Tuesday to 45 days in jail.
Blair Louis Margiotti was given a suspended five-year prison sentence as part of a plea agreement with the state.
He must complete an outpatient sex offender treatment program and complete a chemical evaluation. Margiotti was recently charged with drug-related crimes in another jurisdiction.
In a statement to District Judge Sean O'Brien, Margiotti admitted to having a drug problem and said he wants to get help. He said he has a good support system and believes he can turn his life around. O'Brien said Margiotti has a problem being honest, despite "talking a good game here in court."
Margiotti also said he wants to continue working for a company installing underground water and sewer systems.
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A Mitchell Police Division report states the incident took place on July 30 at Margiotti's residence in Mitchell, and that both he and the victim were intoxicated by alcohol at the time. The incident was reported to Mitchell police on Aug. 9. Margiotti was placed in custody on an arrest warrant on Oct. 11, after he failed to turn himself into authorities. He will be in Davison County Jail until he can arrange to be moved to another county jail, potentially in Minnehaha or Clay counties.
