Tea man faces life in prison for first-degree rape of minor, child abuse charges

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

Feb. 15—MITCHELL — A Tea man is facing up to life in prison for first-degree rape of a minor and other child abuse felony charges that allegedly took place in Davison County roughly a decade ago.

Kip Gearey, 40, of Tea, South Dakota, made his first appearance in court Tuesday in Mitchell for the rape and child abuse charges and requested for a bond reduction.

Gearey was indicted on Feb. 3 and charged with 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.

During Tuesday's hearing, Gearey's $100,000 cash bond was reduced to $25,000.

According to Gearey's attorney, Sonny Walter, the investigation into Gearey was launched after an "individual noticed a slap mark" on his child. Walter claimed there were no new allegations against Gearey from the victim since the alleged charges he was indicted occurred.

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.

Walter pushed for a significant bond reduction and said Gearey owns and operates an auto business and towing company in the Sioux Falls area.

In a separate incident, criminal records show Gearey was convicted of simple assault in 2014 for allegedly hitting his then 5-year-old son on the head. He was initially facing a felony child abuse charge for the 2014 incident that occurred in Davison County, but Gearey pleaded guilty to a lesser misdemeanor charge — simple assault. He was sentenced to one year of probation and had 90 days in jail suspended for the simple assault charge.

Gearey is scheduled to appear in court May 9 for a status hearing. He remains in custody at the Davison County jail, while he awaits the new case involving rape and child abuse charges to proceed.