Felony court for Davison County on Feb. 28

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

Mar. 1—MITCHELL — The following cases were among those heard Tuesday, Feb. 28, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Michael Rooks, 19, 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, aggravated assault by way of strangulation, a Class 3 felony that carries a maximum sentence of up to 15 years in prison and a $30,000 fine, consumption of alcohol by a person under 21 and disorderly conduct, each misdemeanor offenses. According to an arrest affidavit, officers responded to a report of Rooks allegedly entering into a dwelling, located at 814 N. Winsor Ave., and strangling a victim. The victim told officers that they were sleeping in their residence when they woke up to see someone standing over them wearing a black hooded sweatshirt, who was later identified as Rooks, allegedly. When the victim awoke to Rooks standing alongside the victim's bed, Rooks proceeded to strangle the victim, the affidavit alleges. The victim told officers that Rooks was allegedly "squeezing hard" and restricted the victim's ability to breathe, noting that Rooks "never said anything" during the alleged assault. Police reports say that the victim managed to fight back while being strangled and "knocked Rooks to the floor." After allegedly fending off Rooks, the victim fled the apartment and ran down the hall yelling for help, prompting neighbors to assist the victim. Mitchell police officers located an intoxicated Rooks shortly after the alleged assault near Mitchell High School and arrested him. Officers administered an alcohol breathalyzer test that showed Rooks blew a .171, more than twice the .08 legal limit. Rooks is facing up to 40 years in prison for the assault and burglary charges, if convicted. He is scheduled to face a jury trial in early June unless he changes his plea prior to trial.

* Cameron Johnson, 29, of Mitchell, pleaded not guilty to two counts of possession, manufacturing and distributing child pornography, each Class 4 felonies that carries a maximum sentence of 10 years in prison and a $20,000 fine apiece. According to an arrest affidavit, Johnson became the subject of investigation through a cyber tip. Police reports allege Johnson sent a nude image to a cyber tipster of what appeared to be a 4 or 5-year-old victim. Authorities tracked the account that allegedly sent the child pornography images online, which traced to Johnson's IP address and a mobile device, according to an arrest affidavit. The phone number and email address associated with the account that sent the nude image of a child also traced back to Johnson's email and mobile phone.

* Kyle Ashes, 32, of Chamberlain, failed to appear in court Tuesday 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. His attorney, Ashley Flood, relayed Ashes' message to the court that explained he would not be appearing in court Tuesday due to the "blizzard conditions." Tuesday's forecast called for periods of light snow with little to no accumulation and a mixture of sunshine. There were no blizzard warnings or watches included in Tuesday's forecast. A bench warrant was issued for his arrest due to his failure to appear in court.

* Ryan Feterl, 51, of Mitchell, pleaded 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. According to prosecuting attorney O'Keefe, Feterl drove to a meeting at the Davison County Sheriff's Office while heavily intoxicated. His blood alcohol content was .216 when he was arrested. Feterl was sentenced to two years in prison with two years suspended. He was also ordered to serve two years of probation as part of his sentencing. He was also ordered to serve 15 days in jail with work release. Feterl's attorney, Doug Dailey, explained that Feterl has been dealing with Post Traumatic Stress Disorder (PTSD) since he discovered a slain correction's officer at the Sioux Falls penitentiary. At the time he discovered the slain officer, Dailey said Feterl was a correctional officer at the Sioux Falls prison. Judge Giles said he will consider granting Feterl's request for a suspended imposition pending successful completion of probation.

* Anthony Zotti, 26, of Woonsocket, was sentenced to serve 12 years in prison for aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an arrest affidavit, authorities responded to a reported stabbing on Nov. 13 at the 1100 block of East First Avenue, where officers discovered Zotti stabbed three victims. In a recent hearing prior to Tuesday's sentencing hearing, Davison County State's Attorney Jim Miskimins said the victims sustained lacerations on their head from Zotti stabbing them. The victims have since recovered from the stabbing. During Tuesday's hearing, prosecuting attorney O'Keefe said the victims "didn't believe these were intentional acts." O'Keefe said the victims believe Zotti reacted when he was abruptly awoken by them, noting the victims did not seek a prison sentence from the assault. Despite reaching a plea agreement with Davison County prosecuting attorneys that recommended probation and a 15-year prison sentence be suspended, Judge Giles opted to impose a 12-year prison sentence. Giles said the assault occurring two months after Zotti was released from prison was a major concern and called Zotti a "danger to the community." Giles also noted Zotti was on probation and parole when the assault took place. A few years prior to the November assault, Zotti was sentenced to two years in prison for biting multiple officers while apprehending Zotti. He received credit for serving 108 days in jail.

* Damond Baldwin, 41, of Mitchell, had a sentencing hearing scheduled for aggravated assault with intent to cause bodily injury and indifference to human life, a Class 3 felony that carries a maximum sentence of 15 years in prison and $30,000 fine. Baldwin was the second individual indicted for assaulting a victim at the Corn Palace Inn Motel with Michael Wermers, 39. According to Davison County Deputy State's Attorney Robert O'Keefe, Baldwin did not organize the assault. Wermers was sentenced Tuesday to serve 12 years in prison.

* Cody Tomasi, 30, of Mitchell, was granted a motion to suppress new allegations made against him relating to abuse, cruelty to a minor under the age of 7. Tomasi's attorney, Chris Nipe, explained the officer's speculation of abuse based on a photo that was provided, which allegedly showed the child with a mark on their face is among the allegations Tomasi is seeking to suppress. Judge Giles granted the suppression motions. Tomasi previously pleaded not guilty to the Class 3 felony charge that carries a maximum sentence of 15 years in prison and a $30,000 fine. He is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date.

* Miguel Sandoval, 23, of Sacramento, California, pleaded guilty to possession of marijuana in the amount of 2 ounces or less, a Class 1 misdemeanor. His attorney, Doug Dailey, explained that Sandoval was a passenger in a vehicle that was carrying a large amount of marijuana when he was charged. Dailey said Sandoval had legally purchased cannabis items in a state where recreational marijuana is legal but was searched in South Dakota — a non-recreational cannabis state. The vehicle search uncovered over 100 pounds of marijuana that was allegedly being transported with the intent of being sold, according to an arrest affidavit. The driver, Wayne Mundell, is facing a handful of distribution charges from the search. Officers deployed K9 unit drug dogs during the vehicle search and found that there were compartments built into the carpet and seats of the van where the marijuana was being stored.

* Margaret Medicinehorn, 27, of Wagner, 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. She was sentenced to five years in prison with three years suspended. Medicinehorn was absconding from parole when she was arrested. She received credit for serving 46 days in jail.

* Jason Dion Jr., 29, of Mitchell, pleaded guilty to a third-offense violation of a protection order by way of assault, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. Prosecuting attorney O'Keefe said Dion Jr.'s charge stemmed from him striking a woman in the face. He was sentenced to two years in prison. Judge Giles pointed to Dion Jr.'s past assault charges and drinking habits as several factors that guided his decision to impose a prison sentence. He received credit for serving 53 days in jail.

* Roberta Woodside, 44, of Mitchell, was denied her request for a bond modification request on Tuesday. She's in custody for possession of prescription or non-prescription drugs while in jail, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine, manufacturing, distributing and possessing a schedule IV drug, violating a drug free zone, possession of 2 ounces of marijuana or less and use or possession of drug paraphernalia. She previously pleaded not guilty to all charges. Davison County State's Attorney Jim Miskimins urged against any bond modification due to the serious nature of the crimes and her criminal past. Woodside is facing up to 40 years in prison for the charges she's facing.

* Tyanna WittJohnson, 18, of Sioux Falls, was granted a personal recognizance bond (PR bond) on Tuesday. She's facing two counts of possession of a controlled substance, a Class 5 felony, possession of marijuana in the amount of 2 ounces or less, possession of alcohol by a minor and use or possession of drug paraphernalia, each misdemeanor offenses. WittJohnson previously pleaded not guilty to all charges she's facing. She is scheduled to face a jury trial in early June unless she changes her plea prior to the trial date.

* Tyra Small Bear, 25, of Mitchell, was sentenced to five years in prison with five years suspended for violating probation. She was serving probation for possession of a controlled substance, a Class 5 felony. Small Bear said she left the state for a job transfer in North Dakota, which resulted in her probation violation. She was ordered to remain serving two years of probation.

* Vernon Merritt, 22, of Mitchell, failed to appear in court Tuesday for his sentencing hearing in connection to possession of a controlled substance (meth), a Class 5 felony. A bench warrant was issued for his arrest.

* Brian Hislaw, 23, of Fort Thompson, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony, use or possession of drug paraphernalia and open alcoholic beverage accessible in a vehicle, each misdemeanor offenses. Hislaw is scheduled to face a jury trial in early June unless he changes his plea prior to the trial date. He was granted a PR bond on Tuesday to allow his release from jail.

* Lawrence Hanson, 45, of Little Elm, Texas, failed to appear in court Tuesday for an arraignment hearing. He's facing possession of a controlled substance, a Class 5 felony, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia, each misdemeanor offenses. A bench warrant was issued for his arrest.

* Pablo Ramos-Lopez, 21, of Mitchell, failed to appear in court Tuesday for a third-offense DUI charge, a Class 6 felony, driving without a valid license and open alcohol container in a vehicle. According to his attorney, Reid Kiner, Ramos-Lopez was not in court due to recently being deported to his country of origin. A bench warrant was issued for his arrest despite his deportation to a different country, which Judge Giles recommended.

* Allen Downey, 35, of Mitchell, pleaded guilty to possession of child pornography, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to an arrest affidavit, Downey allegedly sent videos to a minor showing himself performing sexual acts and requested nude images of the minor. He was found in possession of nude images of the minor. A presentence investigation report was ordered to be conducted prior to Downey's sentencing hearing. His request for a PR bond was denied on Tuesday at the recommendation of prosecuting attorneys, who voiced concerns of Downey contacting the victim.

* Kevin Hedrick, 42, of Platte, was granted a suspended imposition for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He was ordered to serve two years of probation as part of his sentencing. Hedrick received credit for serving two days in jail.

* Kolton Colombe, 21, of Mitchell, denied violating probation and pleaded not guilty to two counts of simple assault against a law officer, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine, resisting arrest, threatening an officer or family and obstructing police, each misdemeanor offenses. According to an arrest affidavit, Colombe allegedly kicked an officer in the face and wrestled another officer as they were questioning him. Colombe appeared intoxicated, court documents say, when officers came upon him. He was on probation at the time of his arrest. The affidavit alleges Colombe was threatening a correctional officer and being unruly at the Davison County jail when he arrived, prompting officers to use a restraint chair to control him. Colombe blew a .135 on an alcohol breathalyzer test, above the .08 legal limit.

* Cheyenne Alvarez, of Mitchell, pleaded not guilty to two counts of simple assault against a law officer, each Class 6 felonies, three counts of simple assault with intent to cause bodily injury and resisting arrest, each misdemeanor offenses. According to an arrest affidavit, officers responded to a report of a female — Alvarez — allegedly "trying to start fights" at the 800 block of East Fifth Avenue. When officers arrived, She allegedly tried to get past them and enter a residence to fight some of the occupants. As officers began escorting her to the patrol vehicle, Alvarez allegedly struck an officer in the face. Alvarez's breathalyzer test came back with a .16 alcohol level, roughly twice above the .08 legal limit. Alvarez's attorney, Ashley Flood, highlighted Alvarez securing a job as a key factor for the court to consider reducing her bond to a PR bond. She was granted a PR bond on Tuesday. Alvarez is scheduled to face a jury trial in early June unless she changes her plea prior to the trial date.

* Lyndon Sohappy, 28,of Yakima, Washington, had his next hearing scheduled for Mar. 28 in connection to grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years of prison and a $20,000 fine, and aggravated eluding, a Class 6 felony. Sohappy's charges stem from a September incident in which Sohappy allegedly stole a Mitchell police patrol vehicle and led officers on a brief pursuit. An affidavit alleges Sohappy managed to climb through the small barricade separating the officer's driver seat from the back seat and drive off in the stolen police car. He was not under arrest while sitting in the back of the officer's patrol vehicle, as he had not committed any crimes prior to stealing the patrol car. He's awaiting a psychiatric evaluation.

* Ricky Ferguson Jr., 42, of Sioux Falls, pleaded not guilty to a fourth-offense DUI, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. He was granted a furlough to enter an in-patient treatment program. His request for a bond reduction was denied Tuesday.

* Paval McDougal, 23, of Mitchell, was denied his request for a bond modification. McDougal is facing a first-degree burglary charge, a Class 2 felony that carries a maximum sentence of 25 years in prison and a $40,000 fine. Judge Giles pointed to McDougal's criminal history and parole status as several factors that played into his decision to deny modifying his bond. According to an affidavit, McDougal allegedly broke into a home on East Sixth Avenue and stole medication belonging to the homeowner. McDougal allegedly told authorities he broke into the home to escape the cold weather.

* Joshua Chasing Hawk, 41, of Yankton, pleaded guilty to aggravated eluding, a Class6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. Prosecuting attorneys said that Chasing Hawk led officers on a vehicle pursuit and reached speeds as high as 100 mph during the pursuit. O'Keefe said Chasing Hawk failed to stop at four stop signs amid the pursuit and put officers and others in danger. His sentencing hearing was delayed to Mar. 14.

* Andrew Tuschen, 33, of Mitchell, pleaded not guilty to failing to register a new address as a convicted sex offender and denied violating probation. He was serving probation for failing to register a new address as a convicted sex offender. Tuschen is scheduled to appear in court Feb. 28.

* Patricia Archambeau, 61, of Mitchell, had her sentencing hearing delayed to Mar. 14. She is facing 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. Archambeau's sentencing hearing was delayed due to her seeking a hip replacement procedure.