Davison County felony court cases for Dec. 5

Sam Fosness, The Daily Republic, Mitchell, S.D.
·9 min read

Dec. 6—MITCHELL — The following cases were among those heard Tuesday, Dec. 5, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Sonja Wells, 27, of Mitchell, pleaded guilty to vehicular battery, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to an arrest affidavit, Wells was operating a vehicle with three passengers and crashed the vehicle. Wells was intoxicated when the crash occurred in rural Davison County. Davison County Deputy State's Attorney Robert O'Keefe said one of the passengers in the vehicle sustained major injuries from the crash. O'Keefe said the passenger was trapped in the vehicle for a period of time, which caused them to lose feeling in their legs. According to court documents, Wells lost control of the vehicle near 252nd Street and 401th Avenue due to loose gravel. Of the three passengers, one was also ejected from the vehicle. A breathalyzer test showed Wells had an alcohol level of .137 shortly after the crash. Wells is scheduled to be sentenced on Feb. 13.

* Brandon Scott, 41, of Mitchell, pleaded guilty to aggravated eluding, 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. Scott's attorney, Dava Wermers, said he was accepted into the Teen Challenge program. Although he was accepted into the faith-based rehabilitation program, Scott's parole officials will ultimately decide whether he can participate in Teen Challenge and avoid another prison stint. Scott's charges stem from a vehicle pursuit that ended in Mitchell after he crashed his vehicle. Officers located Scott following the wreck with the help of a new drone the Mitchell Police Department recently acquired. An affidavit of the events says the officer attempted to pull Scott over for an improper right turn. When the officer approached the vehicle, Scott sped away and a pursuit ensued. The affidavit also says a passenger in the vehicle Scott was operating took off on foot at a traffic stop. The pursuit in residential areas exceeded speeds of 60 mph, which prompted officers to terminate the vehicle pursuit due to safety concerns for the public. Wermers informed the court that Scott suffers from "hallucinations and paranoia," which she said caused him to flee from officers.

* Jerzy Hartman, 20, of Mitchell, pleaded not guilty to two counts of fourth-degree rape of a minor between the ages of 13 and 16, each a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an arrest affidavit, Hartman allegedly had intercourse with a 15-year-old who was reported as a runaway teen from Woonsocket. The juvenile was located by Mitchell Police officers at Hartman's residence, court documents say. Mitchell Police officers were suspicious of the relationship between Hartman and the juvenile and requested further investigation, according to the affidavit. During the investigation, Hartman and the juvenile allegedly told authorities they had intercourse on two separate occasions, an affidavit explains. A little over a year ago, Hartman was charged for sexual exploitation of a minor that stemmed from him allegedly having sexual intercourse with a juvenile inside a publicly accessible storage area at the Mitchell High School building. The sexual exploitation of a minor felony charge he faced from the April 2022 incident was dismissed as part of a plea agreement with state prosecuting attorneys. Hartman pleaded guilty to contributing to the delinquency of a minor, which is a misdemeanor offense. He was sentenced to 120 days in jail, which was suspended.

* Stacy Jo Johnson, 50, of Mitchell, pleaded not guilty to two counts of sexual contact with an individual not capable of consent, each a Class 4 felony. According to an indictment, Johnson "touched the breasts of a female residential client with the intent to arouse or gratify the sexual desire of either party" around the date of July 19, 2023. When the alleged incident occurred, Johnson was serving in her role as an employee at LifeQuest, a Mitchell-based organization that provides a number of residential living options and care services for individuals with developmental disabilities. She is no longer an employee at LifeQuest, according to Pam Hanna, the executive director for the organization. Johnson is scheduled to face a jury trial in early April unless she changes her plea prior to the trial date.

* James Byler, 37, of Adrian, Minnesota, was sentenced to five years in prison with two years suspended for misappropriation of funds, a Class 5 felony. He was also ordered to pay $4,000 in restitution fees to a victim who hired Byler to perform home construction work. According to an affidavit, Byler was hired as a contractor to perform work on a Mitchell resident's home. He was provided $4,000 from the homeowner for construction materials, but Byler deposited the money without performing any work, the affidavit explained.

* Cheyenne Alvarez, 23, of Mitchell, admitted to violating probation. Alvarez's probation violation occurred less than 24 hours after she was placed on probation Nov. 21 for a third-offense simple assault (domestic abuse) charge, a Class 6 felony. Alvarez's violation stemmed from her removing herself from a court-ordered treatment program. Judge Giles said Alvarez was the first defendant in a case he's presided over to violate probation less than 24 hours after being placed on probation. Alvarez was sentenced to two years in prison. She received credit for serving 53 days in jail.

* Bo Jerde, 19, of Nashville, Tennessee, pleaded not guilty to two counts of possession of a controlled substance (psilocybin mushrooms) and (THC wax), each a Class 5 felony. Jerde was also charged with possession of 2 ounces of marijuana, speeding on other roadways and use or possession of drug paraphernalia, which are each misdemeanor offenses. According to an arrest affidavit, Jerde was pulled over near Mitchell for driving 88 mph in a 80 mph speed zone. An officer allegedly located what was described as a bag of psilocybin mushrooms in the center console in plain sight, court documents say. A vehicle search uncovered THC wax and small amounts of marijuana, according to an affidavit.

* Coral Cleveland, 24, of Mitchell, was granted her request to have her driver's license reinstated after it was revoked for failing an alcohol screening. Cleveland has been participating in alcohol screening as part of her probation. Cleveland's attorney, Doug Dailey, said Cleveland's alcohol screening that showed small levels of alcohol consumption stemmed from her taking NyQuil shortly before her routine alcohol test. Dailey said his research showed the type of NyQuil Cleveland ingested contains 10% alcohol. Dailey argued the .03% alcohol level Cleveland had in her system could have been a direct result of the NyQuil.

* Raymond Lionel Salvas Jr., 53, of Mitchell, pleaded not guilty to two counts of abuse or cruelty to a minor under the age of 7, each a Class 3 felony. He was also charged with illegal lane change, a first-offense DUI and resisting officers, which are all misdemeanor offenses. According to an affidavit, he was allegedly operating a vehicle along Interstate 90 with two children in the vehicle while intoxicated.

* Nicholas Tischler, 35, of Mitchell, was denied a bond modification. Tischler 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; use or possession of drug paraphernalia and open alcoholic container in a vehicle, which are both misdemeanor offenses. Tischler was granted a personal recognizance bond a few months ago and was arrested on new charges.

* Aria Uthe, 25, of Sioux Falls, failed to appear in court Tuesday for a status hearing in connection to possession of a controlled substance (meth), a Class 5 felony. An arrest warrant remains in effect for Uthe. Uthe has failed to appear in court multiple times over the past year.

* Trenton Zeigler, 33, of Mitchell, pleaded guilty to possession of a controlled substance (methamphetamine), a Class 5 felony. Zeigler's sentencing hearing was scheduled for Jan. 30.

* Alexandra Smith, 35, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance (methamphetamine), a Class 5 felony. As part of her sentencing, she was ordered to serve two years of probation. Smith requested a suspended imposition, but Judge Giles denied the request. Smith was previously granted a suspended imposition for a past drug possession charge, and Giles did not support granting another suspended imposition. Smith's attorney, Cole Morgan, highlighted her efforts toward recovery since she was arrested for the drug possession charge.

* Jamie Waldon, 34, of Mitchell, denied violating probation. In late October, Waldon pleaded guilty to violating probation and had a five-year prison sentence suspended. If she is convicted of the alleged probation violation, it would be her second violation in less than three months. Waldon is serving probation for possession of a controlled substance (meth), a Class 5 felony. Davison County Deputy State's Attorney Robert O'Keefe recommended against any bond modification, citing the latest probation violation allegation would mark her second violation since being placed on probation less than a year ago. Judge Giles denied modifying Waldon's bond.

* Angely Caballero Santiago, 27, of Huron, pleaded guilty to possession of a controlled substance (oxycodone), a Class 5 felony. She was granted a suspended imposition and ordered to serve two years of probation.

* Casey Charging Hawk, 22, of Mitchell, admitted to violating probation. Charging Hawk was sentenced to five years in prison with one year suspended. Prosecuting attorney, O'Keefe, deemed Charging Hawk "not supervisable," noting the latest violation is his third since being placed on probation. He received credit for serving 63 days in jail.

* Gary Sturgill, 32, of Mitchell, pleaded guilty to a fourth-offense Driving Under the Influence (DUI) charge, a Class 5 felony. Sturgill was sentenced to five years in prison with five years suspended. He was granted an opportunity to participate in the James Valley DUI Court program. Sturgill was also ordered to serve two years of probation and had his license revoked for one year. His blood alcohol level was .24 at the time of his arrest.

* Melissa Star Iron Shell, 43, of Sioux Falls, pleaded not guilty to a third-offense DUI, a Class 6 felony; driving with a suspended license, open alcohol container and failure to have proper registration tags, which are all misdemeanor offenses. She is scheduled to face a jury trial in early April unless she changes her plea prior to the trial date.