Davison County felony court cases for Sept. 6

Sam Fosness, The Daily Republic, Mitchell, S.D.
·6 min read
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Sep. 7—MITCHELL — The following cases were among those heard Wednesday, Sept. 6, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Yvette McKee, 47, of Mitchell, pleaded not guilty to distribution of a controlled drug, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine; possession with intent to distribute between a 1/2 pound and a 1 pound of marijuana, a Class 4 felony; three counts of possession of a controlled substance (methamphetamine) and (cocaine), each Class 5 felonies that carry a maximum sentence of five years in prison and a $10,000 fine; Driving Under the Influence (DUI), a misdemeanor offense; open alcohol container, a misdemeanor; and use or possession of drug paraphernalia, a misdemeanor. According to an arrest affidavit, McKee was allegedly found passed out in her vehicle along South Burr Street blocking both southbound lanes. McKee was awoken by officers in her vehicle that was parked in the middle of Burr Street in the early hours in late August. Officers smelt burnt marijuana upon arriving at McKee's vehicle. After being transported to the Davison County jail, officers allegedly found a bag of cocaine in McKee's wallet, along with a jar of meth and marijuana packages, court documents say. She is scheduled to appear before a jury trial in December unless she changes her plea prior to the trial date.

* Beau Christensen, 42, place of residence unknown, pleaded guilty to third-degree burglary, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. Christensen was sentenced to five years in prison with three years suspended. He was also ordered to pay a little over $500 in restitution fees. According to an arrest affidavit, Christensen broke into a Mitchell garage and stole $1,150 worth of tools, including a plasma cutter and chop saw. He later pawned the items at a pair of Sioux Falls pawn shops. He was on parole at the time of the burglary.

* Robert Martin, 28, of Mitchell, pleaded not guilty to possession of a controlled substance (marijuana oil), a Class 5 felony; and use or possession of drug paraphernalia. 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.

* Megan Hemmah, 34, of Mitchell, had a jury trial scheduled for December in connection to manufacturing or distribution of a controlled substance (adderall), a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine; drug free zone violation, a Class 4 felony. She was granted a personal recognizance bond Wednesday to allow her release from jail.

* Harold Miller, 59, of Mitchell, pleaded not guilty to 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. According to an arrest affidavit, a juvenile who had a discolored neck and cuts on his arm waved an officer down to report an alleged assault. The juvenile told the officer that Miller allegedly "beat him" and "choked him," court documents say. When officers located Miller at a residence, he allegedly admitted to getting into an altercation with the juvenile victim. Miller also told officers he placed his hands around the juvenile's neck during the altercation, court documents allege. Miller said to officers the juvenile struck Miller and ran from the residence where the alleged assault took place, according to the affidavit.

* Angely Caballero Santiago, 27, of Huron, failed to appear in court Wednesday for two counts of possession of a controlled substance (xanax) and (oxycodone), each a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. According to her attorney, she was arrested in Huron prior to Wednesday's hearing. She is scheduled to appear in court Sept. 26.

* Casey Charging Hawk, 21, of Mitchell, was granted a continuance for an alleged probation violation. He was serving probation for a prior probation violation. Charging Hawk is scheduled to appear in court Nov. 1.

* Roberta Miller, 39, of Mitchell, had her next hearing scheduled for Sept. 26 in connection to a probation violation. She is seeking to enter into a treatment program.

* Tory Morrow, 32, of Mitchell, pleaded not guilty to first-degree burglary, a Class 2 felony that carries a maximum sentence of 25 years in prison and a $50,000 fine; possession of unauthorized articles while in jail, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine; violation of a protection order, a misdemeanor. Morrow also denied an alleged probation charge. Davison County Deputy State's Attorney Robert O'Keefe recommended against Morrow being authorized to enter into a treatment program, citing his history of issues with abiding by terms of probation. 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.

* Tod Hansen, 58, of Mitchell, was sentenced to five years in prison for possession of a controlled substance (meth), a Class 5 felony. Hansen received credit for serving 40 days in jail. He was on parole when he was charged with drug possession.

* Dustin Bray, 45, of Mitchell, failed to appear in court Wednesday for possession of a controlled substance (meth), a Class 5 felony; use or possession of drug paraphernalia, a misdemeanor. A bench warrant was issued for his arrest.

* James Heginger, 24, of Mitchell, denied violating probation. Heginger is serving probation for fourth-degree rape, a Class 3 felony.

* Nicholas Tischler, 35, of Mitchell, had a status hearing scheduled for Sept. 26 in connection to possession of a controlled substance, a Class 5 felony; open alcohol container, a misdemeanor offense; and use or possession of drug paraphernalia, a misdemeanor. Tischler was recently released on bond and brought back into custody for allegedly violating the terms attached to his bond.

* Stephvon Bailey, 34, of Mitchell, pleaded not guilty to a third-offense simple assault (domestic abuse) with intent to cause bodily injury, a Class 6 felony; simple assault (domestic abuse) with intent to put another in fear of bodily harm, a misdemeanor; and intent to cause contact with bodily fluids, a misdemeanor offense. Bailey is scheduled to appear before a December jury trial unless he changes his plea prior to the trial date.

* James Means, 43, 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. According to an arrest affidavit, officers allegedly detected drugs in plain sight while responding to a domestic incident at his residence. Means is scheduled to appear before a jury trial in December unless he changes his plea prior to the trial date.