Davison County felony court cases for Mar. 14

Mar. 15—MITCHELL — The following cases were among those heard Tuesday during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Theodore Moran, 50, of Mitchell, failed to appear in court Tuesday 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, keep place for use or sale of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia. A bench warrant was issued for his arrest. According to an arrest affidavit, Moran told authorities that people were "frequenting" his house to "try and bring meth because of the previous owner." However, police reports say Moran tested positive for meth, MDMA and THC after officers searched his residence and found meth items.

* Tyler Hardy, 36, of Portland, Oregon, failed to appear in court Tuesday for grand theft in the amount between $2,500 and $5,000, a Class 5 felony, and intentional damage to property. An affidavit says Hardy allegedly stole a parked vehicle from a Mitchell gas station. Police reports say the vehicle he allegedly stole was unlocked with the keys inside.

* Melissa Livingston, 43, of Mitchell, failed to appear in court Tuesday for entering or refusing to leave property after notice, possession of a controlled substance (methamphetamine), a Class 5 felony, and use or possession of drug paraphernalia. A bench warrant was issued for her arrest. Several hours after her morning hearing on Tuesday, Livingston appeared in court and was taken into custody for not appearing within the scheduled time of her hearing. At a previous hearing, Livingston's attorney, Deva Wermers, informed the court that Livingston believes a drug needle was planted on her.

* Richard Espinoza, 21, of Mitchell, pleaded guilty to intentional damage to property, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and simple assault, a Class 1 misdemeanor. According to Davison County Deputy State's Attorney Robert O'Keefe, Espinoza inflicted roughly $5,600 in damage to a vehicle that belonged to the victim by slashing the tires and keying the car. His next hearing is scheduled for April 25.

* Larry Abdo Jr., 44, of Lake Andes, was granted a furlough to enter an in-patient treatment program. He's facing the following charges: identity theft, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine, second-degree petty theft and criminal entry into a motor vehicle, each misdemeanor offenses. Abdo Jr. is also facing a probation violation charge. He was serving probation 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.

* Wayne Mundell, 45, of Wisconsin, pleaded guilty to possession of more than 10 pounds of marijuana, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Mundell's charges stem from a vehicle search that occurred after he was pulled over for crossing the fog lines along Interstate 90. During the vehicle search, officers uncovered over 100 pounds of marijuana that was allegedly being transported to be sold, an arrest affidavit says. Officers found compartments built into the carpet and seats of the van where the marijuana was being stored, according to an arrest affidavit. Mundell told officers that he was driving the van containing over 100 pounds of marijuana back to Wisconsin to start an Uber taxi business, according to court documents. A presentence investigation report was ordered to be conducted prior to his sentencing hearing. Mundell is out on bond while he awaits sentencing.

* Nellie Cribben, 40, of Mitchell, pleaded guilty to distribution of a controlled substance (meth), a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. The distribution drug charge also carries a mandatory minimum sentence of one year in prison. According to Davison County State's Attorney Jim Miskimins, Cribben was charged after a confidential informant purchased a bag of meth from her. Cribben is out on bond while she awaits sentencing. A presentence investigation report was ordered to be conducted prior to her sentencing hearing.

* Lindsey Hatwan, 42, of Mitchell, was sentenced to five years in prison with five years suspended 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. She was ordered to serve 10 days in jail.

* Donald Fasthorse, 50, of Sioux Falls, appeared Tuesday for a status hearing. He's facing the following charges: manufacturing, distributing and possessing scheduled I or II drugs, a Class 4 felony, possession of a controlled substance, a Class 5 felony, violating a drug free zone, obstructing police and use or possession of drug paraphernalia, each misdemeanor offenses.

* Christopher Stunes, 41, of Mitchell, admitted to violating probation and 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. Stunes' sentencing hearing was delayed to May 23. He was granted a furlough to enter an in-patient treatment program. Stunes was serving probation for residing in a safety zone as a registered sex offender.

* Cody Zobel, 31, 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 granted a suspended imposition. Zobel's attorney, Reid Kiner, highlighted Zobel's active participation in a treatment program as a reason for Judge Giles to consider granting a suspended imposition.

* Michael Cline, 37, of Sioux Falls, had his case delayed two weeks for 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, each misdemeanor offenses. According to prosecuting attorneys, Cline is being held in custody at the penitentiary. He's scheduled to appear for his next hearing on March 28.

* Jeromy Ulmer, 38, of Herrick, South Dakota, was granted a personal recognizance bond (PR bond) to allow his release for jail. Ulmer is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.

* Ezra Dozier, 25, of Mitchell, pleaded guilty to a third-offense simple assault (domestic) charge, which is a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. According to prosecuting attorney O'Keefe, the victim Dozier assaulted was a significant other. He's scheduled to be sentenced on March 28.

* Allen Thomson, 30, of Mitchell, pleaded guilty to possession of marijuana in the amount of 1 ounce or less with intent to distribute, a Class 6 felony, and simple assault, a Class 1 misdemeanor. According to prosecuting attorney O'Keefe, Thomson struck his girlfriend in the face, which resulted in minor injuries. A presentence report was ordered to be conducted prior to Thomson's sentencing hearing on April 25. Due to the marijuana charge being Thomson's second offense, it carries a mandatory minimum sentence of one year in prison. His attorney, Reid Kiner, clarified that the mandatory minimum can be argued to the court.

* Elliott Star Iron Shell, 33, of Mitchell, pleaded not guilty to a fifth-offense simple assault with intent to put another in fear of bodily harm, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, and simple assault (domestic abuse), a Class 1 misdemeanor. He was granted a PR bond on Tuesday.

* Michelle Star Iron Shell, 40, of Mitchell, pleaded not guilty to the following charges: make or possessing counterfeit device, a Class 6 felony, possession of a controlled substance (meth), a Class 5 felony, resisting arrest, possession of marijuana in the amount of 2 ounces or less, obstructing police and driving with a suspended license. She is scheduled to face a jury trial in June unless she changes her plea prior to the trial date.

* Clifton Red Feather, 51, 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. Red Feather is scheduled to face a jury trial in June unless he changes his plea prior to the trial date. He was granted a PR bond with the condition of participating in twice-weekly urinary analysis testing.

* Samantha Magnuson, 45, of Mitchell, pleaded guilty to grand theft in the amount between $1,000 and $2,500, a Class 6 felony. Prosecuting attorney O'Keefe said Tuesday that Magnuson stole roughly $1,900 from Dollar Tree, which he noted has been recovered to the store. She was granted a suspended imposition. Her attorney, Reid Kiner, cited her clean criminal record as grounds for the court to consider granting a suspended imposition.

* David Larvie, 31, of Mitchell, was sentenced to five years in prison with one year suspended for escape by a prisoner in the second degree, a Class 5 felony. He was also sentenced to five years in prison with four years suspended for unauthorized ingestion of a controlled substance, a Class 5 felony. Larvie's charges stem from him fleeing from a treatment program in Sioux Falls. Judge Giles pointed to Larvie's criminal history as a factor that played into his decision to impose prison sentences.

* Courtney Stork, 43, 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's scheduled to be sentenced on March 28.

* Joshua Chasing Hawk, 41, of Yankton, was sentenced to two years in prison with six months suspended for aggravated eluding, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. Chasing Hawk led officers on a vehicle pursuit that ended in Aurora County, which is about 25 miles west of Mitchell, according to an arrest affidavit. Davison County Deputy State's Attorney O'Keefe said Chasing Hawk reached speeds in excess of 100 mph during the police chase. During Tuesday's sentencing hearing, O'Keefe dubbed Chasing Hawk as "not supervisable." He received credit for serving 60 days in jail.

* Patricia Archambeau, 61, of Mitchell, was sentenced to five years in prison with one year suspended 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. Judge Giles cited her history of failing to appear in court and violating probation as key factors that went into his decision to impose the prison sentence. She received credit for serving 92 days in jail.

* William Mayes, 39,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. Prosecuting attorney Miskimins said Mayes was on parole at the time of his arrest. Despite the drug charge, Mayes highlighted his success in a treatment program. He remains under supervision with the state's Department of Corrections.

* Camri Highland, 49, of Mitchell, failed to appear in court Tuesday 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, 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.

* Zeraya Sellers, 19, 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. Sellers was granted a suspended imposition. She was ordered to serve two years of probation as part of her sentencing.

* Jeremy Zwetzig, 42, of Mitchell, was appointed an attorney for new charges, which include 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.

* Timothy Funk, 60, of Mitchell, had his next hearing set for March 28. He's facing possession of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia, a Class 1 misdemeanor.

* Jeremiah Rudolph, 28, of Gillette, Wyoming, pleaded guilty to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. He was sentenced to five years in prison with five years suspended. He was also ordered to serve two years of probation. In addition, Rudolph's license was revoked for one year.