Davison County felony court cases for June 20

Jun. 21—MITCHELL — The following cases were among those heard Tuesday, June 20, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Randy Johnson, 36, of Sioux Falls, was sentenced to five years in prison for a probation violation. Johnson's latest probation violation is one of several over the past few years. Davison County Deputy State's Attorney Robert O'Keefe said Johnson continues to violate probation and deemed him not supervisable for probation. O'Keefe recommended a prison sentence. Despite Johnson's attempts at asking for another chance at probation, Judge Giles imposed the maximum five-year sentence, citing repeated blown opportunities to abide by probation.

* Laura Baus, 51, of Mitchell, was granted a suspended imposition for 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. According to prosecuting attorney O'Keefe, Baus spent well over $5,000 belonging to her disabled son without permission over a period of several years. During Tuesday's sentencing hearing, Judge Giles said Baus' incident was "rather unusual" and deemed her as a good candidate for a suspended imposition in part based on the positive changes she's made since the incident. As part of her sentencing, Baus was ordered to serve six years of probation and pay roughly $16,800 in restitution fees.

* Tyler Brockway, 27, of Osceola, Indiana, was sentenced to five years in prison with five years suspended for possession of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia, a misdemeanor offense. He was sentenced to 10 days in jail with 10 days suspended for use or possession of drug paraphernalia. Brockway received credit for serving 61 days in jail. According to court documents, Brockway was a passenger of a vehicle that was pulled over along Interstate 90 for speeding. After detecting the smell of marijuana, officers executed a search and found fentanyl, cocaine and marijuana. His attorney, Reid Kiner, explained Brockway has a job waiting for him in Indiana.

* Skiler Seidel, 31, of Sturgis, pleaded guilty to abuse, cruelty to a minor under the age of 7, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Seidel's charge stems from him picking up his child and "throwing him to the ground," which caused the child to fall limp, according to an arrest affidavit. Seidel then pushed the child through a door and left the scene, the affidavit says. The alleged abuse was caught on camera, according to court documents. Seidel was later apprehended by authorities in Sturgis. Judge Giles ordered a pre-sentence investigation report be conducted on Seidel's criminal history prior to his upcoming sentencing hearing.

* Jerome Sitting Crow, 28, of Rapid City, admitted to violating probation. He was serving probation for possession of a controlled substance (meth), a Class 5 felony. Sitting Crow was sentenced to serve two years of probation. He received credit for serving 18 days in jail.

* Mary Eichman, 58, of Mitchell, pleaded not guilty to grand theft in the amount between $1,000 and $2,500, a Class 6 felony. She is scheduled to face a jury trial in October unless she changes her plea prior to the trial date.

* Lady Shimaray Hooks, 29, of Mitchell, pleaded not guilty to abuse, cruelty to a minor under the age of 7, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Hooks' charge stems from her allegedly hitting a child in the face and spanking the child after the child refused to leave another residence, according to an affidavit. She is scheduled to face a jury trial in October unless she changes her plea prior to the trial date.

* David Richey, 53, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony, and use or possession of drug paraphernalia, a misdemeanor offense. Richey was pulled over in a vehicle he was operating, which led to a search that uncovered meth, an affidavit alleges. Richey told officers he just purchased the vehicle when he was pulled over, court documents say.

* Clifton Red Feather, 51, of Mitchell, pleaded guilty to misprision of a felony, a Class 1 misdemeanor. According to prosecuting attorneys, Red Feather was present at a residence he knew meth was being used in and failed to report it to authorities. He was sentenced to 84 days in jail with 60 days suspended. Red Feather received credit for serving 24 days in jail.

* Bryon Fischer, 49, of Mitchell, pleaded not guilty to first-degree burglary, a Class 2 felony. According to an affidavit, Fischer allegedly broke into an apartment while the owner was away and was found sleeping on the couch when authorities entered the apartment. In a separate case, Fischer is facing the following charges: grand theft in the amount between $2,500 and $5,000, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine, aggravated assault with intent to cause bodily injury, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine, aggravated eluding, a Class 6 felony, unauthorized ingestion of a controlled substance, reckless driving and failure to make a proper stop, each misdemeanor offenses. According to an arrest affidavit for, Fischer allegedly led officers on a vehicle pursuit on March 5 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, which caused the trooper to swerve toward a nearby ditch, the affidavit says. The pursuit came to an end when Fischer's truck began experiencing mechanical problems along Highway 25. When Fischer brought the truck to a stop, officers managed to arrest him. According to the affidavit, Fischer began experiencing medical problems when officers took him into custody, prompting emergency transportation to Avera Queen of Peace hospital in Mitchell. He requested a bond modification on Tuesday to allow his release from jail, which prosecuting attorney O'Keefe urged against, dubbing Fischer as a "threat to the community." Judge Giles reduced his cash bond slightly to $2,000 with conditions that include not entering the apartment complex he allegedly broke into. He is scheduled to face a jury trial in October unless he changes his plea prior to the trial date.

* Todd Hattum, 51, of Harrold, admitted to violating probation during Tuesday's hearing. Hattum was serving probation for possession of a controlled substance, a Class 5 felony. The violation report indicated he tested positive for meth. Hattum was granted a furlough to enter an in-patient treatment program ahead of his Aug. 1 sentencing hearing.

* Zeraya Sellers, 19, of Mitchell, was granted a two-week continuance for an alleged probation violation. She's serving probation for possession of a controlled substance (meth), a Class 5 felony.

* Brooke Kirk, 29, of Mitchell, was granted a two-week continuance for two counts of intentionally causing contact with bodily fluids, a Class 1 misdemeanor. She allegedly spit on correction officers at the Davison County jail, an affidavit says.

* Mayter Aquino-Vizcaino, 39, of Mitchell, was granted a continuance request that pushed her next hearing to July. She is facing reckless burning, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to an affidavit, Aquino-Vizcaino was burning items in a room inside her residence where other tenants live. She told authorities she was burning "old history" when they arrived at her residence and detected smoke and burn odors.

* Jonathon Schroeder, 22, of Alexandria, pleaded guilty to a second-offense DUI charge and intentional damage to property amounting under $400, each misdemeanor offenses. He was sentenced to 115 days in jail with 100 days suspended. He received credit for serving 15 days in jail. For the property damage charge, Schroeder was sentenced to 10 days in jail with 10 days suspended. As part of his sentencing, he was placed on 24-7 alcohol screening, along with having his license revoked for one year. According to an affidavit, Schroeder allegedly used pliers to break into a Mitchell residence to steal a little under $400 worth of groceries. While he was initially charged with burglary, it was dismissed as part of a plea deal.

* Jewel Old Lodge, 31, of Winner, pleaded not guilty to two counts of possession of a controlled substance, each Class 5 felonies, possession of marijuana in the amount of 2 ounces or less, unauthorized ingestion of a control substance and use or possession of drug paraphernalia, each misdemeanor offenses. She is scheduled to face a jury trial in October unless she changes her plea prior to the trial date.

* Ian Austin, 27, of Mitchell, was granted a two-week continuance for an alleged probation violation. He was serving probation for possession of a controlled substance (meth), a Class 5 felony. Austin is seeking entry into the James Valley Drug Court program.

* Timothy Funk, 60, of Mitchell, pleaded not guilty to possession of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia, a Class 1 misdemeanor. He also denied violating probation. Funk was granted a PR bond on Tuesday after his attorney, Ashley Schartz, explained the Air Force veteran had employment.

* Nicholas Tischler, 35, of Mitchell, was denied a request for a bond reduction. Tischler is facing possession of a controlled substance (meth), a Class 5 felony, use or possession of drug paraphernalia and open alcoholic container in a vehicle, each misdemeanor offenses. Davison County State's Attorney Jim Miskimins indicated new charges could soon be pending against Tischler.

* Daniel Seiner, 37, of Mitchell, denied violating probation. He was serving probation for a third-degree burglary charge, a Class 5 felony. Seiner's bond modification request was denied Tuesday.

* Karla Bridger, 58, of Mitchell, admitted to violating probation. She was serving probation for a third-offense DUI charge, a Class 6 felony. Bridger was sentenced to two years of probation. She received credit for serving 37 days in jail.

* Winenona Baily, 37, of Eldora, Iowa, was granted a personal recognizance bond on Tuesday. She is facing grand theft in the amount between $1,000 and $2,500, a Class 6 felony. According to an arrest affidavit, Baily allegedly stole a vehicle in Mitchell and was found by authorities in Hutchinson County, where she allegedly attempted to steal another vehicle. Baily is also facing charges in Hutchinson County.

* Garan Crader, 39, of Mitchell, admitted to violating probation. Crader has violated probation multiple times in the past two years. He was sentenced to serve a combined four years in prison for the latest probation violations, which stemmed from him obstructing law enforcement officers, admitting to possessing meth and failing to attend treatment appointments. In January 2022, Crader was sentenced to serve two years of probation after pleading guilty to aggravated assault against an officer, a Class 6 felony. The 2022 assault against an officer charge stemmed from a domestic incident that prompted officers to use a taser to apprehend Crader. Prosecuting attorney O'Keefe recommended a maximum prison sentence be imposed for Crader's latest violations, calling him a "threat to the community."

* Mynor Andrade, 33, of Mitchell, was appointed an attorney to represent him for an alleged probation violation. He's serving probation for a third-offense Driving Under the Influence charge, which is a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. Andrade's next hearing is scheduled for July 7.

* Jami Lewis, 43, was appointed an attorney to represent her 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, and use or possession of drug paraphernalia, a Class 2 misdemeanor. Lewis is also under the supervision of the South Dakota Department of Corrections.

* John Fredericks, 52, 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, possession of marijuana in the amount between 2 ounces or less and use or possession of drug paraphernalia, each misdemeanor offenses. He's also facing a probation violation charge, which he previously denied committing. He is scheduled to face a jury trial in October unless he changes his plea prior to the trial date.

* Kayla Charging Hawk, 38, of Mitchell, 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 bench warrant has been issued for her arrest. An arrest affidavit alleges officers uncovered meth and syringes inside her residence during a search.