Davison County felony court cases for April 11

Sam Fosness, The Daily Republic, Mitchell, S.D.
Updated ·11 min read

Apr. 12—MITCHELL — The following cases were among those heard Tuesday, April 11, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Adrianna Bluehorse, 35, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, a second-offense DUI and use or possession of drug paraphernalia. According to an arrest affidavit, Bluehorse was located by officers walking on a sidewalk while allegedly being heavily intoxicated. The affidavit says that Bluehorse told officers she had "consumed too much alcohol" and was driving people to their residence when she was being questioned. Bluehorse was unable to maintain her stance while attempting to participate in sobriety tests, the affidavit says. As Bluehorse was being booked in jail, corrections officers allegedly found a red tube with a white crystal substance on it, but it did not test positive for meth.

* David Goodwin, 42, of Dolton, South Dakota, pleaded not guilty to distribution and possession of marijuana while in jail and possession of unauthorized articles in jail, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine. According to an arrest affidavit, video footage provided by Davison County jail allegedly showed Goodwin "slide an item under his cell door" to another inmate, Tory Morrow, in exchange for $30 in commissary. The affidavit says Morrow then told correctional officers that Goodwin slid the item under his door. The officer explained in the affidavit that he believed Goodwin concealed marijuana while being booked in jail for a marijuana possession charge two days prior to the alleged jail incident. Goodwin denied any involvement in the alleged incident.

* Andrew Tuschen, 34, of Mitchell, admitted to violating probation. He also pleaded guilty to failure to provide accurate information as a registered sex offender, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. Deputy Davison County State's Attorney Robert O'Keefe recommended a restart of probation. Tuschen was sentenced to two years in prison with two years suspended for the probation violation. He was sentenced to two years in prison with two years suspended for the failure to provide accurate information as a sex offender charge. As part of his sentencing, he was ordered to serve four years of probation.

* Lisa Musgrave, 46, of Mitchell, had her next hearing scheduled for an alleged fourth-offense Driving Under the Influence (DUI), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and an alleged probation violation. Musgrave's request for a personal recognizance bond to continue her college courses. Her request was denied Tuesday. Musgrave was serving probation for a fourth-offense DUI.

* Sean Wagaman, 38, of Sioux Falls, pleaded not guilty to possession of a prescription drug or non-prescription drugs while in jail, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, and possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia, a misdemeanor offense. According to an arrest affidavit, Wagaman was found by officers on Mar. 25 passed out in the driver seat of a stolen truck. Officers searched Wagaman and uncovered a meth bag and meth needles, the affidavit alleges. While he was being booked at the Davison County jail, Wagaman allegedly had meth concealed in his gloves. He is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.

* 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, each misdemeanor offenses. An arrest warrant was issued for Long Crow after he failed to appear for his second consecutive hearing.

* Joshua Lomme, 32, of Mitchell, had his next hearing scheduled for May 23. Lomme is awaiting to be sentenced for 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, and 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. 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.

* Heaven Bruguier, 34, of Mitchell, had an arraignment hearing scheduled for April 25 in connection to five counts of identity theft, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine, and one count of grand theft in the amount between more than $5,000 and less than $100,000, a Class 5 felony. An indictment says Bruguier was one of three suspects who allegedly accessed a debit card from a victim and used it without the victim's authorization.

* Melissa Livingston, 43, of Mitchell, was sentenced Tuesday to five years in prison with four years suspended for 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. She received credit for serving 46 days in jail. Livingston's charge stems from her testing positive for meth while on probation and bond. She was serving probation at the time of her arrest for grand theft in the amount between $1,000 and $2,500. Judge Giles pointed to Livingston's past unsuccessful attempts at probation and bond violations as aggregating factors that went into his sentencing decision.

* Paval McDougal, 23, of Mitchell, pleaded guilty to second-degree burglary, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an affidavit, McDougal allegedly broke into a home on East Sixth Avenue and stole medication belonging to the homeowner. McDougal allegedly told authorities he broke into the home to escape the cold weather. Judge Giles ordered a pre-sentence investigation report be conducted prior to sentencing McDougal. He is scheduled to be sentenced on May 23.

* Nicholas Tischler, 35, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, use or possession of drug paraphernalia and open alcoholic beverage container in a vehicle, each misdemeanor offenses. According to an arrest affidavit, Tischler was a passenger in a vehicle that was pulled over for broken windshields. Officers searched the vehicle after discovering the driver was absconding from parole. The search of the vehicle uncovered a meth syringe and marijuana pipe, which Tischler and the driver of the vehicle denied belonged to them, according to the affidavit. As a result, Tischler and the driver were charged with possession of a controlled substance. Tischler is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.

* Richard Dukes, 57, of Mitchell, pleaded not guilty to residing in a community safe zone as a registered sex offender, a Class 6 felony. According to an arrest affidavit, Dukes allegedly attempted to reside in a home located at 124 W. Seventh Ave. in Mitchell. The home is located within close proximity to the Rotary Park, which is a city-owned park.

* Lyndon Sohappy, 28, of Yakima, Washington, pleaded guilty to unauthorized use of a vehicle or vessel, a Class 1 misdemeanor. 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. Sohappy was sentenced Tuesday to 271 days in jail with 60 days suspended. He received credit for serving 211 days in jail.

* James Johnson, 44, of Mitchell, was granted a two-week continuance for his case. Johnson is facing manufacturing, distributing and possessing three or more controlled substances, two counts of keeping a place for use or sale of a controlled substance, six counts of possession of a controlled substance, two counts of possession of marijuana in the amount of 2 ounces or less and a seat belt violation. Johnson is facing up to 35 years in prison and a $70,000 fine, if convicted of all charges. During an August hearing, Davison County State's Attorney Jim Miskimins said there was "plenty of evidence" to show Johnson was using his residence to distribute drugs, including scales.

* Jeremy Zwetzig, 42, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia. Zwetzig is facing possession of a controlled substance charge in a separate case.

* Emily Kramer, 24, of Aberdeen, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine. She was sentenced to five years in prison with two years suspended. Kramer received credit for serving 17 days in jail. According to an arrest affidavit, Kramer was a passenger inside a stolen truck that officers located in Mitchell. The search uncovered meth, needles, snort tubes and a digital scale, the affidavit says. Prior to her latest drug possession charge, Kramer was convicted for two separate drug possession charges that occurred in the past three years.

* Ashley Schuldt, 45, of Mitchell, pleaded not guilty to seven counts of obtaining possession of a controlled substance by way of fraud, each a Class a felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, and conspiracy to commit an offense, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. Schuldt is scheduled to face a jury trial in early August unless she changes her plea prior to the trial date.

* Candance Byington, 41, of Lower Brule, had her next hearing scheduled for April 25 in connection to an alleged probation violation. Byington is serving probation for possession of a controlled substance (meth), a Class 5 felony.

* Alexandra Smith, 35, of Mitchell, was appointed an attorney to represent her for possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia, a misdemeanor offense. Smith is scheduled to appear in court for an arraignment hearing on April 25.

* Heaven Miller, 33, of Mitchell, had her next hearing scheduled for April 25 in connection to an alleged probation violation. She's serving probation for possession of a controlled substance (meth).

* Tod Hansen, 58, of Mitchell, was appointed an attorney to represent him for possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia, a misdemeanor offense. He is scheduled to appear in court for an arraignment hearing on April 25.

* Tylynn Loudner, 32, of Mitchell, had an arraignment hearing scheduled for April 25 in connection to six counts of identity theft, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine, and 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. Loudner is one of the three suspects who was charged for allegedly accessing a victim's debit card and using it without authorization.

* Nikole McCarty, 34, of Mitchell, had her sentencing hearing scheduled for May 23 in connection to two counts of possession of a controlled substance, each Class 5 felonies.