Davison County felony court cases for May 23

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

May 26—MITCHELL — The following cases were among those heard Tuesday, May 23, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Paval McDougal, 23, of Mitchell, pleaded guilty to second-degree burglary charge, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. He was sentenced to 10 years in prison with five years suspended, while receiving credit for serving 124 days in jail. According to an affidavit, McDougal broke into a home on East Sixth Avenue and stole medication belonging to the homeowner. McDougal told authorities he broke into the home to escape the cold weather, the affidavit said.

* Donald Fasthorse, 50, address unknown, was sentenced to 20 years in prison with 10 years suspended for two counts of possession of a controlled substance (meth) with intent to distribute in a drug free zone, each Class 4 felonies that carries a maximum sentence of 10 years in prison and a $20,000 fine. Each charge has a mandatory minimum prison sentence of five years attached to it. According to State's Attorney Jim Miskimins, Fasthorse was arrested after authorities found him in possession of meth within 1,000 feet from Mitchell Middle School. Fasthorse pleaded for a reduced prison sentence and cited his health issues, which include seizures, as one reason he's concerned about a lengthy prison sentence. He said he's committed to making changes in his life to recover from substance abuse, during his lengthy testimony prior to being sentenced. His attorney, Doug Pappendick, said Fasthorse sought entry into the Teen Challenge program but was deemed ineligible for the program. Judge Giles ordered the prison sentences to be served consecutively. Fasthorse received credit for serving 87 days in jail for one charge and 67 days for the other charge, which will be factored into his prison time.

* 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. He was sentenced to 12 years in prison with seven years suspended, while receiving credit for serving 13 days in jail. 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.

* Kristie Humphries, 32, residence unknown, 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. Humphries' grand theft charge stemmed from stealing a vehicle, which she claimed during Tuesday's hearing that was solely due to her not having insurance for the vehicle under her name at the time she was arrested. Humphries was sentenced to two years in prison with two years suspended. She was ordered to serve two years of probation and pay a $700 fine. Humphries received credit for serving 12 days in jail.

* Lindsey Hatwan, 43, of Mitchell, was denied a bond reduction on Tuesday for new charges she's facing. In addition to the new charges, Hatwan is facing an alleged probation violation. She's serving probation for possession of a controlled substance (meth), a Class 5 felony. Hatwan previously denied violating probation. On May 11, she was granted a PR bond to allow her an opportunity to seek entry into a drug treatment program while out on bond.

* Hector Cano Monjaraz, 35, of Mitchell, pleaded not 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. During Tuesday's hearing, Davison County Deputy State's Attorney Alicia Odland indicated Monjaraz has a concerning history of driving under the influence. Monjaraz is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.

* Randy Johnson, 36, of Sioux Falls, denied violating probation. He was serving probation for an accessory to a felony charge, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. Johnson remains in custody on a no-bond warrant. Davison County Deputy State's Attorney Robert O'Keefe said Johnson has missed 19 drug tests and is facing charges in another county. His request for a bond reduction was denied Tuesday. Johnson's attorney, Pappendick, said Johnson is a valued employee at Wendy's in Sioux Falls, citing it as a reason for the bond reduction request to be considered. He is scheduled to appear in court on June 6.

* Tyler Brockway, 27, of Osceola, Indiana, pleaded guilty to possession of a controlled substance (THC hash wax), a Class 5 felony, and use or possession of drug paraphernalia, a Class 2 misdemeanor. Brockway was facing three counts of drug possession charges after officers found fentanyl, marijuana and cocaine in a vehicle Brockway was a passenger in. As part of a plea deal, two of the three drug possession charges were dismissed. Prosecuting attorneys said Brockway's criminal history entails a felony firearm charge, a counterfeiting charge and drug distribution. After briefly learning about his criminal history, Judge Giles ordered a pre-sentence investigation report be conducted to provide a thorough examination of Brockway's record ahead of the July 7 sentencing hearing.

* Tory Morrow, 32, of Mitchell, had his next hearing scheduled for July 18. He's facing first-degree burglary, a Class 2 felony that carries a maximum sentence of 25 years in prison and a $50,000 fine, violation of a protection order and possession of unauthorized articles while in jail. According to an arrest affidavit, Morrow allegedly broke into a victim's home and got into an altercation. After being arrested and detained, Morrow allegedly smuggled peppermint liquor into his jail cell.

* Todd Hattum, 51, of Harrold, was granted a Personal Recognizance (PR) bond on Tuesday. He was in custody for allegedly violating bond conditions and probation, which stemmed from his failure to appear for a treatment needs assessment. Hattum was serving probation for possession of a controlled substance, a Class 5 felony. Court records show Hattum is facing a handful of charges in Buffalo County, including manufacturing, distribution and possession of a controlled substance (meth), a Class 4 felony that carries a maximum sentence of 10 years in prison, attempt to commit a felony while carrying a firearm, a Class 2 felony that carries a maximum sentence of 25 years in prison, and possession of a firearm with prior felony drug conviction, a Class 6 felony. He's facing up to 37 years in prison for the charges. His attorney, Doug Dailey, said Hattum has been struggling with sobriety after his wife and son died in recent years. Hattum is scheduled to appear in court on June 20 for his Davison County charges.

* Loren Mead, 32, of Mitchell, pleaded not guilty to failure to register his address as a convicted sex offender, a felony. He is also facing aggravated assault (domestic abuse) by way of strangulation, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Mead previously pleaded not guilty to the assault charge. According to an arrest affidavit, Mead allegedly choked his girlfriend for not having a vehicle to provide him a ride. Court documents say the victim was unable to breath for 30 seconds while Mead allegedly choked her. Mead proceeded to choke the victim once again after she attempted to run to safety, the affidavit alleges. The assault resulted in the victim receiving two staples in her head. Mead is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date. He remains in custody at Minnehaha County jail.

* Samantha Schwartzbauer, 35, of Mitchell, admitted to violating probation. She was sentenced to restart a four-year probation stint. Schwartzbauer was serving probation for possession of a controlled substance (meth), a Class 5 felony. She is seeking entry into the James Valley Drug Court program.

* David Richey, 53, of Kansas, failed to appear in court Tuesday for possession of a controlled substance (meth), a Class 5 felony, and use or possession of drug paraphernalia, a Class 2 misdemeanor. Richey's attorney, Reid Kiner, said Richey's vehicle experienced mechanical problems on his way to Mitchell from Kansas, where he resides.

* Jamie Waldon, 34, of Mitchell, possession of a controlled substance (meth), a Class 5 felony, and use or possession of drug paraphernalia, a Class 2 misdemeanor. Waldon is scheduled to face a jury trial in October unless Walden makes a plea change prior to the trial date.

* Joshua Lomme, 32, was sentenced to five years in prison with five years suspended for possession of a controlled substance (meth), a Class 5 felony. For the identity theft charge, Lomme was sentenced to two years in prison with two years suspended. As part of his sentencing, Lomme was ordered to serve four years of probation, combined, for the pair of charges. The identity theft charge stemmed from Lomme stole a credit card and used it to play casino games on his cell phone, according to prosecuting attorney O'Keefe. During his testimony, Lomme pointed to his drug use as a culprit for his actions. He said he's committed to his recovery efforts.

* Candance Byington, 41, of Lower Brule, was granted a PR bond on Tuesday. She is facing an alleged probation violation. Byington is serving probation for possession of a controlled substance (meth), a Class 5 felony. She is scheduled to appear in court on July 7.

* Alexandra Smith, 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, and use or possession of drug paraphernalia, a misdemeanor offense. Smith is scheduled to appear in court for a status hearing on Sept. 26.

* Ezra Richardson, 26, of Mitchell, was granted a continuance that pushed his next hearing to July 18. He is facing possession of a controlled substance (meth), a Class 5 felony, and use or possession of drug paraphernalia, a Class 2 misdemeanor, and driving with a suspended license. According to an arrest affidavit, Richardson was pulled over for a traffic violation, which resulted in a vehicle search. The search uncovered a meth syringe and marijuana items. The affidavit alleges four juveniles were in the vehicle at the time he was pulled over and arrested.

* Garan Crader, 39, of Mitchell, had a status hearing scheduled for June 20 for an alleged probation violation. Crader previously denied violating probation. The violation report alleges Crader tested positive for MDMA and alcohol, failing to provide urinary analysis samples on three separate occasions and obstructing an officer.

* Jonathon Schroeder, 22, of Mitchell, pleaded guilty to a DUI charge and intentional damage to property amounting under $400, each a misdemeanor offense. In addition, he admitted to a third-offense DUI, which is a Class 6 felony. According to an affidavit, Schroeder allegedly used pliers to break into a Mitchell residence to steal a little under $400 worth of groceries. Officers found a loaded firearm in his vehicle when they executed a search following the burglary. The vehicle with a loaded firearm was parked near the residence Schroeder was charged for burglarizing.

* Elizabeth Long Crow, 41, of Sioux Falls, pleaded guilty to unauthorized ingestion of a controlled substance (meth), a Class 5 felony. She was sentenced to five years in prison with five years suspended. Long Crow was ordered to serve four years of probation as well. She was accepted into the James Valley Drug Court program.

* Justin Hoek, 43, of Mitchell, pleaded guilty to misprision of a felony, a Class 1 misdemeanor. According to Davison County State's Attorney Miskimins, Hoek concealed knowledge of a crime involving prescription drugs. Hoek was granted a suspended imposition with the condition he pay all fines and abide by the one-year good behavior order.

* Kelly Sharkey, 50, of Mitchell, appeared in court Tuesday for an arraignment hearing in connection 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, a misdemeanor offense. Sharkey is scheduled to appear at a suppression hearing on July 19, as Sharkey is seeking to suppress evidence found by officers during the vehicle search.

* Nikole McCarty, 34, of Mitchell, had her sentencing hearing scheduled for Aug. 15 in connection to two counts of possession of a controlled substance (meth), each Class 5 felonies.