Davison County felony court cases for Nov. 21

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

Nov. 24—MITCHELL — The following cases were among those heard Tuesday, Nov. 21, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Dustin Bray, 45, 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; and possession of controlled substance (meth), a Class 5 felony. He was sentenced to 10 years in prison with three years suspended for the distribution charge. Bray was also sentenced to five years in prison with five years suspended for the possession of meth charge. According to an arrest affidavit, a confidential informant with the Mitchell Police Department purchased bags of meth from Bray on several occasions, which led to a search of his Mitchell residence. The affidavit says a Facebook warrant yielded evidence showing Bray was "setting up multiple methamphetamine and marijuana deals." Authorities uncovered 3.27 grams of meth and $1,073 in cash during the search of Bray's residence, according to an affidavit.

* Cannupa Williamson, 27, of Mitchell, pleaded not guilty to aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine; simple assault (domestic abuse) with intent to cause bodily injury, a misdemeanor. According to an arrest affidavit, Williamson allegedly punched a victim he was residing with in the face multiple times. He allegedly kicked the victim and held a knife toward the victim. During the incident, Williamson allegedly destroyed the victim's mobile phone to prohibit an emergency call for help. He was granted a personal recognizance bond on Tuesday.

* Mark Jakopak, 53, of Rapid City, pleaded no contest to a hit-and-run causing an injury, a Class 6 felony. According to prosecuting attorneys, Jakopak struck a pedestrian at the Green Drive and Kimball Street intersection and fled the scene. Judge Giles ordered a presentence investigation report be conducted prior to sentencing Jakopak to review the victim's impact statement and learn of any medical expenses that were incurred from the incident. He is scheduled to be sentenced on Jan. 30.

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* Theodore Moran, 50, of Mitchell, had a status hearing set for Dec. 5. He is facing 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. According to an arrest affidavit, Moran allegedly 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.

* Brandon Walton, 41, of Mitchell, had a status hearing scheduled for Dec. 19 in connection to grand theft in the amount between $2,500 and $5,000, a Class 5 felony; grand theft in the amount between $1,000 and $2,500, a Class 6 felony; and impersonation to deceive a law enforcement officer, a misdemeanor. According to an arrest affidavit, Walton allegedly attempted to enter parked vehicles in the Motel 6 parking lot shortly after allegedly stealing a vehicle and trailer in rural Davison County.

* Dylan Zephier, 27, of Mitchell, pleaded guilty to possession of meth with intent to distribute the controlled substances, a Class 3 felony. As part of the plea agreement with state prosecuting attorneys, Zephier is recommended to be sentenced to 15 years in prison with five years suspended. According to an arrest affidavit, a probation search of Zephier's residence resulted in the discovery of a key fob belonging to a stolen vehicle. After locating the stolen vehicle, officers found 13 grams of methamphetamine inside the vehicle, along with a scale and bags. He is scheduled to be sentenced on Jan. 30.

* Robert Martin, 28, of Mitchell, was granted a continuance. He is facing possession of a controlled substance (marijuana oil), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor. An arrest affidavit says Bernard Drapeau was allegedly a suspect in a hit-and-run crime and fled the scene. Drapeau allegedly fled to Martin's residence to hide from officers pursuing him, which resulted in a search of Martin's residence, according to court documents. Martin denied officers from searching his residence and told authorities Drapeau was not inside, an affidavit alleges. After officers contacted Martin's parole officer, they gained entry into his residence to search for Drapeau and allegedly uncovered marijuana oil and a vial containing meth — both controlled substances.

* Alexandra Smith, 35, of Mitchell, 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 is scheduled to be sentenced Dec. 5.

* Jeff Heidinger, 59, of Mitchell, admitted to violating probation and pleaded guilty to unauthorized ingestion of a controlled substance, a Class 5 felony. According to an arrest affidavit, Heidinger was smoking cannabis in his vehicle parked next to Freedom gas station. After being brought into custody, he performed a drug test that tested positive for meth. He is scheduled to be sentenced on Dec. 5.

* Kayla Charging Hawk, 38, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance (meth) charge, a Class 5 felony. She was also ordered to serve three years of probation and complete the James Valley Drug Court program. Judge Giles attached a stipulation ordering Charging Hawk to attain her General Education Degree, which he explained would provide much more job opportunities for her.

* Candace Byington, 41, of Lower Brule, admitted to violating probation. She was sentenced to five years in prison with two years suspended. Davison County State's Attorney Jim Miskimins said Byington is "not supervisable" and recommended a prison sentence. Byington has violated probation multiple times in recent years.

* Kordarall West, 36, of Denver, Colorado, pleaded guilty to possession of a controlled substance (cocaine), a Class 5 felony. West was granted a suspended imposition. As part of his sentencing, he was ordered to serve two years of probation. According to an arrest affidavit, West was pulled over while traveling along Interstate 90 for going 81 mph in an 80 mph speed zone. A vehicle search uncovered cocaine and a package of cannabis, the affidavit says.

* Bryon Fischer, 49, of Mitchell, pleaded guilty to grand theft in the amount between $1,000 and $2,500, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine; and possession of a controlled substance (tramadol), a Class 5 felony. He is scheduled to be sentenced on Jan. 30. Fischer's charges stem from a vehicle theft and pursuit after taking an "unknown amount" of pills. During the pursuit that stretched from high-traffic Mitchell roads to Highway 38 on the east side of Mitchell, Fischer allegedly attempted to strike a Highway Patrol trooper's vehicle. Officers pulled him over near Hanson County.

* Amanda White Lance, 36, of Mitchell, failed to appear in court for possession of a controlled substance (meth), a Class 5 felony; simple assault (domestic abuse) with intent to cause bodily injury, a misdemeanor; and interfering with emergency communication, a misdemeanor. An arrest affidavit alleges White Lance scratched the face of a victim and threw a mobile phone the victim was attempting to use to contact emergency services. A bench warrant was issued for her arrest.

* Nathan Satrang, 36, of Mitchell, had a trial date set for Dec. 15 for possession of a controlled substance (meth), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor.

* Gary Sturgill, 31, of Mitchell, failed to appear in court for a fourth-offense Driving Under the Influence (DUI) charge, a Class 5 felony, simple assault against a law officer, a Class 6 felony, possession of marijuana in the amount of 2 ounces or less, speeding on roadways and driving with a revoked license, each misdemeanor offenses. Prosecuting attorney Alicia Odland informed the court Sturgill failed to participate in the 24/7 alcohol screening program on Tuesday morning prior to his scheduled hearing. According to an arrest affidavit, Sturgill's charges stem from him allegedly refusing to walk into jail upon arriving with a police officer and forcing officers to carry him inside. He allegedly thrust toward an officer at the jail.

* Lolita Dion, 27, of Mitchell, pleaded not guilty to grand theft in the amount between $2,500 and $5,000, a Class 5 felony; possession of a controlled substance, a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor. Dion's request for a bond modification was denied after Davison County Deputy State's Attorney Robert O'Keefe said she has another charge pending for allegedly possessing marijuana in jail.

* Jason Dargatz, 45, of Mitchell, pleaded not guilty to possession of a controlled substance, a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor.

* Jeromy Ulmer, 38, of Herrick, was granted a continuance. He's facing a possession of a controlled substance (meth) charge, a Class 5 felony. Ulmer previously pleaded not guilty to the drug possession charge. According to an affidavit, Herrick was found in possession of a bag of meth while at Stepping Stones, a local drug and alcohol rehabilitation center.

* Catrina Robinson, 48, of Yuba City, California, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. She is scheduled to be sentenced on Jan. 30. According to an arrest affidavit, she was pulled over for a traffic violation. Officers conducted a vehicle search that uncovered 7 grams of meth inside a package of dog food, court documents say. Her dog was temporarily turned over to the Mitchell Police Department's Animal Control unit.

* David Richey, 53, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. He is scheduled to be sentenced on Jan. 30. Richey was pulled over in a vehicle he was operating, which led to a search that uncovered meth, an affidavit says. Richey told officers he just purchased the vehicle when he was pulled over, court documents say.

* Robyn Drapeau, 31, of Mitchell, admitted to violating probation. Drapeau was serving probation for possession of a controlled substance (meth).

* James Means, 43, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. He was sentenced to five years in prison with five years suspended. Means was also ordered to serve two years of probation.

* Drew Peterson, 36, of Mitchell, had a status hearing set for Jan. 16. He previously pleaded not guilty to manufacturing, distribution and possessing drugs, a Class 4 felony; aggravated eluding, a Class 6 felony; possession of marijuana in the amount of 2 ounces or less, a misdemeanor offense; obstructing a jailer or firefighter, a misdemeanor offense; use or possession of drug paraphernalia, a misdemeanor; failure to make a proper stop at an intersection, a misdemeanor; and not having proper license plates on a vehicle, a misdemeanor.

* Pete Ringing Shield, 40, of Mitchell, pleaded guilty to disorderly conduct, a misdemeanor. His charge stems from a fight he got into in front of Taco John's. He was sentenced to 30 days in jail with 20 days suspended. He received credit for serving 10 days in jail.

* Cheyenne Alvarez, of Mitchell, pleaded guilty to simple assault against a law enforcement officer, a misdemeanor. Alvarez was granted a suspended imposition. She was ordered to serve three years of probation, as part of her sentencing. According to an arrest affidavit, Alvarez's charges stem from her "trying to start fights" at the 800 block of East Fifth Avenue and striking an officer in the face. When officers arrived, she attempted to get past them and enter a residence to fight some of the occupants. As officers began escorting her to the patrol vehicle, Alvarez struck an officer in the face. Alvarez's breathalyzer test came back with a .16 alcohol level.

* Autumn Neiman, 26, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. She was sentenced to five years in prison with five years suspended. Neiman was also ordered to serve two years of probation. She received credit for serving 91 days in jail.

* Shawn Stemper, 40, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. He was sentenced to serve two years of probation. According to an arrest affidavit, authorities located a glass pipe, torch and small baggies containing meth while investigating a storage unit fire that recently occurred on West Birch Avenue. The detectives on scene could see the drug items in plain view sitting in a vehicle parked inside a storage unit crews had to access for the fire, according to court documents. Authorities learned the storage unit was being rented by Stemper, court documents say. Stemper was later drug tested, which revealed amphetamines were in his system, according to the affidavit. Stemper was granted an opportunity to complete a drug court program.

* Kyla Jarabek, 35, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. She also admitted to violating probation. Jarabek was sentenced to five years in prison with five years suspended for the possession charge. She was also ordered to serve two years of probation. Jarabek received credit for serving 38 days in jail. For the probation violation, Jarabek was sentenced to serve two years of probation.