Davison County felony court cases for July 18

Sam Fosness, The Daily Republic, Mitchell, S.D.
Updated ·14 min read

Jul. 20—MITCHELL — The following cases were among those heard Friday, July 18, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Kip Gearey, 40, of Tea, South Dakota, had a jury trial date set for October 16 in connection to two counts of first-degree rape, each Class C felonies that carry a maximum sentence of up to life in prison and a $50,000 fine, two counts of sexual contact with a child under the age of 16, each Class 3 felonies that carry a maximum sentence of up to 15 years in prison and a $30,000 fine. He's also charged with one count of abuse of or cruelty to a minor, a Class 4 felony that carries a maximum sentence of 10 years in prison. He's pleaded not guilty to all of the charges. The indictment alleges Gearey committed first-degree rape between Jan. 1, 2012, and Jan. 27, 2015. The victim who was allegedly raped and abused by Gearey was between the ages of 6 and 9 years old at the time of the alleged incidents, according to the indictment. During Tuesday's hearing, Gearey was granted the ability to work with his 16-year-old son. He posted a $25,000 cash bond in February, which allowed his release from Davison County jail.

* Darrell Bennett, 48, of Mitchell, had a jury trial set for October 16 in connection to manufacturing, distribution and possession of schedule I or II drugs, 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, conspiracy to manufacture, distribute and possess drugs, a Class 4 felony, conspiracy to distribute, possession with intent to distribute marijuana in the amount of 1 ounce or less, a Class 6 felony, possession of a controlled substance, a Class 5 felony, and possession of marijuana in the amount between 2 ounces and a 1/2 pound, a Class 6 felony. According to an arrest affidavit, officers executed a search warrant at Bennett's residence in Mitchell and allegedly uncovered "27 marijuana plants" growing in the basement. Officers also found, marijuana edibles, marijuana-infused butter and six jars of THC concentrate — the psychoactive compound in marijuana that produces a high — in the home, the affidavit alleges. In addition, the search uncovered bulk packaging with sticker labels that read, "Thank you for your business," according to the affidavit. The home where Bennett was allegedly growing the marijuana plants and storing other items is located within 1,000 feet from Patton Young Park along the west side of Mitchell.

* Aaron Cooper, 40, of Mitchell, had a jury trial date set for October 16 in connection to manufacturing, distribution and possession of schedule I or II drugs, 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, conspiracy to manufacture, distribute and possess drugs, a Class 4 felony, conspiracy to distribute, possession with intent to distribute marijuana in the amount of 1 ounce or less, a Class 6 felony, possession of a controlled substance, a Class 5 felony, and possession of marijuana in the amount between 2 ounces and a 1/2 pound, a Class 6 felony. Cooper was also given the OK by Judge Giles to utilize his medical marijuana card while he's out on bond. He previously pleaded not guilty to all charges he's facing.

* Seth Thennis, 22, of Mitchell, pleaded not guilty to five counts of failure to accurately provide information as a registered sex offender, each a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. According to an arrest affidavit, Thennis allegedly had social media accounts on Twitter, TikTok, Discord and Snapchat that weren't properly registered with the Mitchell Police Division. In South Dakota, sex offenders are required to register social media accounts, email addresses and other online accounts with local law enforcement agencies in the municipality they reside within three days of activating the account. Thennis is scheduled to appear in court on Sept. 26. He's currently serving time in prison for a separate charge.

* Christopher Stunes, 41, of Mitchell, admitted to violating probation. He was sentenced to five years in prison with two years suspended. Stunes' probation violation stemmed from him possessing marijuana at a treatment facility. He was two weeks shy of completing the treatment program when he was found in possession of cannabis. Stunes apologized for the setback and said he was scared of success. He was serving probation for residing in a community safe zone as a registered sex offender. Stunes received credit for serving 209 days in jail. In a separate charge, Stunes was sentenced to five years in prison with five years suspended for possession of a controlled substance (methamphetamine), a Class 5 felony.

* Tyler Brooks, 32, of Mitchell, was sentenced to 10 years in prison with two years suspended for a pair of probation violations. Brooks' violation stemmed from him quitting the court-ordered James Valley Drug Court program and absconding from probation officers. He was serving probation for possession of a controlled substance (meth), a Class 5 felony.

* Heaven Bruguier, 34, of Mitchell, pleaded guilty to identity theft, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine, and admitted to violating probation. An indictment says Bruguier was one of three suspects who accessed a debit card from a victim and used it without the victim's authorization. Davison County Deputy State's Attorney Robert O'Keefe said Bruguier played a role in diverting roughly $7,500 from the victim's account. She was sentenced to two years in prison with two years suspended for the identity theft charge. As part of her sentencing, she was ordered to serve three years of probation and jointly pay over $8,000 in restitution fees. Bruguier was accepted into the James Valley Drug Court program. She received credit for serving 83 days in jail.

* Trenton Redwater, 24, 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. He was on parole at the time he was found in possession of meth. Redwater is scheduled to be sentenced on Aug. 1

* James Byler, 37, of Adrian, Minnesota, had his next hearing scheduled for Sept. 26 in connection to grand theft in the amount between $2,500 and $5,000, a Class 5 felony. According to an affidavit, Byler was hired as a contractor to perform work on a home. He was provided $4,000 from the homeowner for construction materials, but Byler allegedly deposited the money without performing any work on the home, an affidavit alleges.

* Raymond Laird, 50, of Sioux Falls, failed to appear in court Tuesday for forgery, a Class 5 felony, and grand theft by deception, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to an arrest affidavit, Laird allegedly passed two forged checks in the amounts of $3,777 and $4,777 to BankWest in Mitchell. A bench warrant was issued for his arrest on Tuesday.

* Bianca Walker, 32, of Mitchell, was granted a two-week continuance for an alleged probation violation. Walker is serving probation for possession of a controlled substance (meth). Her next hearing is scheduled for Aug. 1.

* Thomas Barber, 61, of Mitchell, failed to appear in court Tuesday for a third-offense DUI, a Class 6 felony, and threatening a police officer, a Class 1 misdemeanor. An arrest affidavit alleges an individual requested police officers to remove Barber, who was allegedly intoxicated, from her property due to "alcohol issues." The affidavit says Barber allegedly threatened to kill two police officers while arresting him at the property for a DUI.

* Skiler Seidel, 31, of Sturgis, was sentenced to serve four years of probation for simple assault (domestic abuse), a Class 1 misdemeanor. He was also granted a suspended imposition, pending completion of probation. Seidel's attorney, Reid Kiner, said the incident was "out of (Seidel's) character," noting he has no adult criminal history. 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 and left the scene, the affidavit says. The incident was caught on camera, according to court documents. Judge Giles ordered a pre-sentence investigation report be conducted on Seidel's criminal history prior to his upcoming sentencing hearing. Seidel apologized for the incident and asked for an opportunity to prove the incident was out of character. He received credit for serving 101 days in jail.

* Loren Mead, 32, of Mitchell, pleaded guilty to failure to register a new address as a convicted sex offender, a Class 5 felony. Mead's next hearing is scheduled for Oct. 24 after he is released from prison. According to court records, Mead has four prior charges of failure to register an address as a sex offender.

* Theodore Moran, 50, of Mitchell, had a October jury trial scheduled for 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 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.

* Jeromy Ulmer, 38, of Herrick, had a hearing scheduled for Sept. 26 in connection to 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.

* Sean Wagaman, 38, of Sioux Falls, was granted a continuance to allow him an opportunity to complete a treatment program. He is facing possession of a prescription drug or non-prescription drugs while in jail, a Class 4 felony, and 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, Wagaman was found by officers on Mar. 25 passed out in the driver seat of a stolen truck. Officers searched Wagaman and uncovered a meth bag and meth needles, the affidavit alleges. While he was being booked at the Davison County jail, Wagaman allegedly had meth concealed in his gloves.

* Tod Hansen, 58, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. He's scheduled to be sentenced on Sept. 6.

* Joseph Fox, 42, of Plankinton, was denied a suspended imposition for a DUI charge, a Class 1 misdemeanor. He was sentenced to 90 days in jail with 80 days suspended. Fox was granted the option of work release while serving the 10-day jail sentence.

* Ezra Richardson, 26, of Mitchell, pleaded not guilty to 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.

* Adrianne Bluehorse, 35, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony, and a DUI, a misdemeanor offense. Bluehorse was sentenced to five years in prison with five years suspended for the possession of a controlled substance charge. For the DUI, she was sentenced to 30 days in jail with 30 days suspended. As part of her sentencing, she was ordered to serve three years of probation and complete the JAmes Valley Drug Court program. According to an arrest affidavit, Bluehorse was located by officers walking on a sidewalk while heavily intoxicated. The affidavit says that Bluehorse told officers she had "consumed too much alcohol" and was driving people to their residence when she was being questioned. Bluehorse was unable to maintain her stance while attempting to participate in sobriety tests, the affidavit says. As Bluehorse was being booked in jail, corrections officers allegedly found a red tube with a white crystal substance on it, but it did not test positive for meth.

* Carlos Negron Davila, 43, of Mitchell, pleaded not guilty to two counts of possession of a controlled substance (methamphetamine), each Class 5 felonies that carry a maximum sentence of five years in prison and a $10,000 fine. He was serving probation at the time of his arrest. Negron Davila is scheduled to face a jury trial in early October unless he changes his plea prior to the trial date.

* Gene Riggs, 46, of Ethan, pleaded guilty to a third-offense DUI, a Class 6 felony. He was sentenced to two years in prison with two years suspended. As part of his sentencing, Riggs was ordered to serve 10 days in jail with the option of work release. Riggs' attorney, Ashley Schartz, highlighted Riggs' ability to maintain his job and complete treatment while awaiting sentencing. He was ordered to serve two years of probation, as part of his sentencing. Judge Giles warned Riggs this is his "last chance" of avoiding prison for driving under the influence.

* David Goodwin, 43, of Dolton, pleaded guilty to possession of an unauthorized substance (marijuana) while in jail, a Class 6 felony. Video surveillance from the jail showed Goodwin in possession of cannabis while he was in custody. He is scheduled to be sentenced on Aug. 29.

* Kelsey Kerns, 35, of Mitchell, pleaded not guilty to possession of a controlled substance, a Class 5 felony, and use or possession of drug paraphernalia, a misdemeanor offense. Kerns is scheduled to face a jury trial in October.

* Savanna Redday, 38, of Mitchell, was granted a personal recognizance (PR) bond on Tuesday. She is facing grand theft in the amount between $1,000 and $2,500, a Class 6 felony, and a second-offense DUI charge, a Class 1 misdemeanor. Officers said Redday was driving south on Indian Village Road, near the Lake Mitchell amphitheater, when the vehicle she was driving rolled one time and ended up on the east side of the road after striking trees. Redday was driving over the posted speed limit, according to officials.

* Richard Dukes, 57, of Mitchell, failed to appear in court Tuesday for residing in a community safe zone as a registered sex offender, a Class 6 felony. A bench warrant was issued for his arrest. According to an arrest affidavit, Dukes allegedly attempted to reside in a home located at 124 W. Seventh Ave. in Mitchell. The home is located within close proximity to the Rotary Park, which is a city-owned park.

* Jacob Fischer, 31, of Mitchell, pleaded not guilty to a third-offense Driving Under the Influence (DUI) charge, which is a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine, speeding on other roadways and open alcohol container, each misdemeanor offenses. Fischer is scheduled to face a jury trial in October unless he changes his plea prior to the trial date.

* Paris Rodgers, 36, of Indiana, pleaded guilty to possession of a controlled substance, a Class 5 felony. Rodgers was granted a suspended imposition. Judge Giles recognized her clean criminal record prior to granting the suspended imposition. She was sentenced to serve two years of probation.

* Nicholas Tischler, 35, of Mitchell, was granted a PR bond on Tuesday to allow his release from jail. He is required to participate in twice-weekly Urinary Analysis testing as part of his bond conditions. 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.