Davison County felony court cases for Dec. 6

Dec. 8—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:

* Robert Hemmah, 38, of Salem, failed to appear in court Tuesday for a sentencing hearing. He was scheduled to be sentenced for sexual exploitation of a minor, a Class 6 felony that carries a maximum sentence of up to two years in prison and a $4,000 fine. He was initially charged third- and fourth-degree rape of a minor under the age of 16, which he pleaded not guilty to in April. An indictment against Hemmah alleged he had sexual contact with a minor who was 15 years old at the time of the incident near the Dry Run Creek trails in Mitchell. A no bond bench warrant for Hemmah's arrest was issued after failing to appear Tuesday.

* Xzaviyon Drapeau, 18, of Mitchell, pleaded not guilty to two counts of grand theft in the amount between $5,000 and $100,000, each Class 4 felonies that carry a maximum sentence of up to 10 years in prison and a $20,000 fine and theft of a firearm valued less than or equal to $2,500, a Class 6 felony. An arrest affidavit alleges Drapeau stole a vehicle from Mitchell that was spotted in Fort Thompson. When he was brought in for questioning, Drapeau allegedly told Mitchell investigators he stole the vehicle and helped facilitate another vehicle theft. He was also charged for stealing a handgun from a vehicle. In a separate case, Drapeau is facing a handful of grand theft charges for allegedly stealing a pair of firearms out of vehicles in Mitchell. Investigators discovered a pair of videos of Drapeau "holding a lever action rifle" and a Glock handgun that resembled stolen firearms that were recently reported to the Mitchell Police Department, an affidavit alleges.

* Kevin Poorbear, 47, of Mitchell, was sentenced to five years in prison with two years suspended for possession of a controlled substance, a Class 5 felony. He was initially scheduled to be sentenced in October, but he failed to appear for the hearing. Poorbear's attorney, Reid Kiner, explained Poorbear had been taking care of a loved one and suffered head trauma from his past history of boxing as several reasons he failed to appear at previous court hearings.

* Riley Gohn, 24, of Huron, pleaded guilty to a first-offense Driving Under the Influence (DUI) charge, a Class 1 misdemeanor. He was initially charged with possession of a controlled substance, but it was dismissed as part of a plea agreement. Gohn was denied his request for suspended imposition due to his criminal history, Judge Giles said.

* Melinda Moreno, 52, 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 denied a suspended imposition, however, Judge Giles said he would consider the request upon successful completion of probation. Moreno was ordered to serve two years of probation, as part of her sentencing.

* Christopher Stunes, 41, of Mitchell, was appointed an attorney for an alleged probation violation. He was serving probation for residing in a safe zone as a registered sex offender. Stunes' probation violation stemmed from him allegedly being located with methamphetamine in his possession, resulting in a new possession of a controlled substance charge, a Class 5 felony.

* Nikole McCarty, 34, 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.

* Roberta Miller, 33, of Mitchell, was granted a personal recognizance bond (PR bond) on Tuesday. She was in custody for allegedly violating her bond conditions. Miller previously pleaded not guilty to two counts of abuse, cruelty to a minor under the age of 7, a Class 3 felony that carries a maximum sentence of 25 years in prison, a second-offense driving under the influence (DUI) charge, two counts of failure to use child passenger restraint system, illegal lane change, seat belt violation and failure to maintain financial responsibility.

* Ynosencia Lopez-Ferguson, 19, of Flandreau, was granted a furlough to begin an in-patient treatment drug program. She previously pleaded guilty to a probation violation for being removed from a treatment program, failing multiple drug tests and absconding from her probation officer. Lopez-Ferguson was serving probation for possession of meth. She is scheduled to be sentenced on Jan. 17.

* Lawrence Hanson, 45, of Little Elm, Texas, had an arraignment hearing set for Jan. 3 for possession of a controlled substance and possession of marijuana in the amount of 2 ounces or less.

* Jami Lewis, 43, of Mitchell, had a sentencing hearing set for Jan. 31 in connection to possession of a controlled substance, a Class 5 felony.

* Larry Abdo Jr., 44, of Mitchell, denied violating probation. He was serving probation for possession of a controlled substance (meth). Abdo Jr. is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date. He is seeking to enter an in-patient treatment program while he's in custody.

* Billy McDonald, 39, of Mitchell, pleaded guilty to child abuse, a Class 4 felony that carries a maximum sentence of up to 10 years in prison. According to an arrest affidavit, McDonald allegedly slapped a child who is in elementary school in the face, which caused a bruise on the child's face. Police were called to investigate the alleged incident when it was reported the child had a bruised face at school. He is awaiting his sentencing hearing.

* Lance Shields, 29, of Mitchell, admitted to violating probation. Shields was terminated from the James Valley Drug Court program after absconding from probation. He is scheduled to be sentenced on Dec. 20. Shields could face a maximum sentence of up to 10 years in prison.

* Clifton Red Feather, 50, of Mitchell, admitted to violating probation. He was serving probation for possession of a controlled substance (meth), a Class 5 felony. Red Feather's probation was terminated, a move Judge Giles said was intended to allow Red Feather an opportunity to "keep making progress" toward improving his life. Prior to the probation violation, Red Feather had successfully completed a treatment program. He received credit for serving 96 days in jail.

* Christopher Sudbeck, 48, of Mitchell, pleaded not guilty to possession of a controlled substance and possession of marijuana in the amount of 2 ounces or less. He is scheduled to face a jury trial in early February.

* Jerome Sitting Crow, 27, of Rapid City, 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. Sitting Crow was ordered to serve two years of probation. He received credit for serving six days in jail.

* Kelli Ott, 44, of Mitchell, had a jury trial scheduled for early February. She is facing possession of a controlled substance (meth), possession of marijuana in the amount of 2 ounces or less and paraphernalia. Ott is currently serving time in prison for charges in a separate case.

* Jeremiah Rudolph, 28, of Gillette, Wyoming, pleaded not guilty to a third-offense DUI, a Class 6 felony. He is scheduled to face a jury trial in early February unless he changes his plea prior to trial. Rudolph was granted a PR bond and extradited to Wyoming.

* Patricia Archambeau, 61, of Mitchell, pleaded guilty to possession of a controlled substance, a Class 5 felony. She was on parole when she was charged. Archambeau was granted a PR bond and is scheduled to be sentenced on Jan. 3.

* Michael Palmer, 34, of Mitchell, pleaded guilty to intentional damage to property, a Class 6 felony, and simple assault. According to prosecuting attorney Robert O'Keefe, Palmer threw a rock at a window of an apartment in Mitchell. Palmer also flashed a gun at individuals who he felt were threatening him, O'Keefe explained. He is serving jail time for a separate case. For the property damage and simple assault charges, Palmer was sentenced to two years of probation.

* Cody Cole, 31, of Bartonville, Illinois, 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. Cole was ordered to serve two years of probation.

* Kolton Colombe, 21, of Mitchell, pleaded not guilty to unauthorized ingestion of a controlled substance or drug, a Class 5 felony. Colombe is scheduled to face a jury trial in early February.

* Shavar Glaspy, 39, of Sioux Falls, received a suspended prison sentence for a burglary charge. Glaspy recently completed a treatment program. He is now being considered as a mentor for others in the program. Judge Giles recognized Glaspy's successful completion of treatment. He was also ordered to serve four years of probation.