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Davison County felony court cases for June 21

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

Jun. 23—MITCHELL — The following cases were among those heard Tuesday, June 21, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Lynette Chargingwhirlwind, 50, of Mitchell, failed to appear in court Tuesday for aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum sentence of up to 15 years in prison and a $15,000 fine. Chargingwhirlwind's assault charge stems from her allegedly stabbing a man in the chest with a steak knife in 2018. She has failed to appear in court multiple times in the past few years. She previously pleaded not guilty to the assault charge. A bench warrant was issued for her arrest.

* Richard Jimerson, 51, of Mitchell, pleaded guilty to a fifth offense DUI in the past 10 years, a Class 4 felony that carries a maximum sentence of up to 10 years in prison. Jimerson was sentenced to serve 10 years in prison on Tuesday. In total, Jimerson has been convicted of eight DUIs.

* Sidney Eagle Star, 29, of Mitchell, admitted to violating probation. Eagle Star failed to contact authorities prior to moving to Wagner, prosecuting attorneys said Tuesday. He also failed to participate in court-ordered domestic abuse classes. Eagle Star was sentenced to restart his probation. He was serving probation for a third offense simple assault (domestic abuse) with intent to cause bodily injury, which stemmed from him punching a then significant other in the face multiple times, according to court documents.

* Paul Wegner, 20, of Mitchell, was sentenced to 120 days in jail with 118 days suspended for a first offense DUI and resisting arrest, both Class 1 misdemeanors. Wegner's charges stem from a Mar. 9 incident when officers responded to a report of a vehicle that had "left the roadway" and found Wegner passed out in the driver's seat while the vehicle was still in drive mode lodged against a curb. When officers attempted to put the vehicle in park with a passed out Wegner in the driver's seat, he suddenly awoke and "would not use the brakes," the arrest affidavit says. Wegner "nearly struck" the officers who attempted to put the vehicle in park and later swung at officers when they attempted to handcuff him. A total of six charges were dismissed from the Mar. 9 incident, including simple assault against a law officer, a Class 6 felony. Wegner's driver's license was also revoked for 30 days as part of his sentencing.

* Lance Shields, 29, of Mitchell, pleaded guilty to second-degree escaping by a prisoner and possession of a controlled substance (meth), both Class 5 felonies that carry a maximum sentence of five years in prison and a $10,000 fine. Shields' escape charge stems from him leaving a treatment facility and failing to return. He will face a jury trial in mid-October unless he changes his plea prior to the trial date. His possession of methamphetamine charge stems from him bringing a syringe with him while visiting an inmate at jail. The syringe tested positive for meth. Combining the two charges, Shields was sentenced to 10 years in prison with 10 years suspended. He was also ordered to serve three years of probation and complete James Valley Drug and DUI Court.

* Jaylene Hare, 32, of Mitchell failed to appear in court Tuesday in connection to an identity theft charge, a Class6 felony that carries a maximum sentence of up to two years in prison. A no bond bench warrant was issued for her arrest.

* Malinda Moreno, 51, of Mitchell, pleaded not guilty to the following charges: manufacturing, distributing and possessing scheduled drugs, knowing a child is present while using methamphetamine, two counts of possession of a controlled substance (meth), use or possession of drug paraphernalia and Driving Under the Influence. Moreno was pulled over for speeding with her child in the vehicle when officers conducted a search that uncovered a methamphetamine pipe and other drug-related items.

* Donald Fasthorse, 49, of Sioux Falls, failed to appear in court Tuesday in connection to possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia. A no bond bench warrant was issued for his arrest.

* Bruno Nava-Trujillo, 26, of Mitchell, admitted to violating probation for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine. He was sentenced to five years in prison with five years suspended. He was also ordered to serve two years of probation as part of his sentence.

* Matthew Messer, 40, of Mitchell, pleaded guilty to 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. He is scheduled to be sentenced on Aug. 2.

* Brandee Jackson, 30, of Valentine, Nebraska, pleaded not guilty to three counts of possession of a controlled substance, possession of marijuana in the amount of 2 ounces or less, traffic in substitute plates and use or possession of drug paraphernalia.

* Clifton Red Feather, 50, of Mitchell, failed to appear in court Tuesday for allegedly failing to comply with daily court-ordered alcohol screening. He was scheduled to appear in court for a probation violation charge that he previously denied. A bench warrant was issued for his arrest.

* Samantha Schwartzbauer, 35, of Mitchell, failed to appear in court Tuesday for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine, and use or possession of drug paraphernalia. A no bond bench warrant was issued for her arrest.

* Ervin Lopez Laynes, 35, of Mitchell, denied violating probation and pleaded not guilty to a fourth offense DUI charge, a Class 5 felony. He is scheduled to appear in court for a status hearing on Sept. 27.

* Jason Labine, 48, of Big Lake, Minnesota, was sentenced to two years in prison with two years suspended for unauthorized ingestion 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. He was also ordered to serve two years of probation as part of his sentencing. Labine's charge stems from him calling police to report a truck had been following him along Interstate 90. Officers identified needle marks in Labine's arms and noticed his erratic behavior, which led to his ingestion charge.

* Amber Gentapanan, 24, of Mitchell, pleaded guilty to 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. She is scheduled to be sentenced on Aug. 2.

* Brandon Welbig, 27, of Sioux Falls, pleaded guilty to a first offense DUI, a Class 1 misdemeanor. He was sentenced to 180 days in jail with 74 days suspended. He received credit for serving 106 days in jail. Welbig is also facing felony charges in Minnehaha County, according to prosecuting attorneys. He is awaiting to appear in court for the Minnehaha County charges.

* Ynosencia Lopez Ferguson, 19, of Flandreau, was sentenced to 32 days in jail with credit for serving 18 days for possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine. She was also ordered to serve two years of probation as part of her sentencing.

* Aidan Standingcloud, 31, of Mitchell, was sentenced to five years in prison with five years suspended 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. He was also ordered to serve two years of probation as part of his sentencing.

* Jade Ott, 20, of Mitchell, pleaded not guilty to possession of drug paraphernalia, possession of more than 2 ounces of marijuana but less than a 1/2 pound, three counts of possession of a controlled substance, discharge of a firearm at an occupied structure or motor vehicle and intentional property damage. Ott had a jury trial date set for mid-October unless she changes her plea prior to trial.

* Savanna Red Day, 37, of Mitchell, pleaded guilty to 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. She was sentenced to five years in prison with five years suspended. Redday was also ordered to serve three years of probation and complete James Valley Drug Court as part of her sentencing.

* Alexander Heisinger, 29, of Parkston, pleaded guilty to a fourth offense DUI, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine.

* Keenan Dion, 25, of Lake Andes, pleaded guilty to a third offense simple assault (domestic abuse) charge, a Class 6 felony that carries a maximum sentence of up to two years in prison. He was sentenced to 123 days in jail with 100 days suspended. Dion received credit for serving 23 days in jail.

* Melissa Loon, 45, of Mitchell, failed to appear in court Tuesday for a probation violation charge. A bench warrant was issued for her arrest.

* Bradley Johnson, 45,of Mitchell, pleaded guilty to possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine. Johnson is scheduled to be sentenced on Aug. 2.

* Colt Tibbs, 30, of Dupree, failed to appear in court Tuesday for possession of a controlled substance, possession of a firearm with a prior felony drug conviction, carrying a firearm with a felony, possession of marijuana in the amount of 2 ounces or less and use or possession of drug paraphernalia. Tibbs' request to have his case continued by his attorney was denied Tuesday. Judge Giles issued a no bond bench warrant for his arrest.

* Carolyn Jacobs, 19, of Sioux Falls, pleaded not guilty to 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, and use or possession of drug paraphernalia. Jacobs is scheduled to face a jury trial in mid-October unless she changes her plea.

* Travis Adams, 32, of Mitchell, failed to appear in court Tuesday for two counts of possession of a controlled substance, both Class 5 felonies, and two counts of use or possession of drug paraphernalia. A no bond bench warrant was issued for his arrest.

* Emery Goodshot, 36, of Eagle Butte, admitted to violating probation. He was serving probation for grand theft in the amount of more than $5,000 and less than $100,000. His probation violation stems from him absconding from a treatment facility. Goodshot is currently serving time in prison. He was sentenced to six years in prison with six years suspended for the probation violation.

* Thomas Sessions, 55, of Mitchell, pleaded no contest to possession of a controlled substance, a Class 5 felony that carries a maximum sentence of up to five years in prison and a $10,000 fine.