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Day County trial set for man charged with rape

Aberdeen American News - 10/1/2018

Oct. 01--A trial has been set for early next year for an Andover man who has pleaded not guilty to rape, sexual contact with a child and sexual exploitation of a minor.

Gary L. Thares, 61, who is under court order to live in Faulk County and have no contact with the Day County family of the victim, was in court last week and entered a not guilty plea on the charges filed in August 2017.

The charges stem from incidents between June 1 and Aug. 1, 2017, with a 5-year-old girl, according to court documents. The trial has been set for Jan. 28 to Feb. 1.

In other court news:

--Edward Walker-Lopes, 45, of Aberdeen pleaded guilty to felony abuse or neglect of a disabled adult or elder. He was sentenced to two years in prison with six months suspended and fined $104. According to court documents, the injuries did not constitute aggravated assault.

--In Marshall County, Angelina R. Siler, 43, of Britton pleaded guilty to charges of felony ingestion and felony possession of methamphetamine. She was sentenced to 30 days in jail with credit for 12 days served, placed on probation for three years and fined a total of $1,708. Her sentences will run concurrently.

--In Spink County, Kodiak Festervan, 27, of Redfield pleaded guilty to felony ingestion of methamphetamine. He was sentenced to 30 days in jail, placed on probation for two years and fined $854.

--In Spink County, Wyatt A. Erickson, 18, of Redfield pleaded guilty to burglary, theft, forgery and identity theft. The charges were in two separate cases.

He was sentenced to 10 years with eight years and nine months suspended on felony grand theft, five years in prison with four years suspended the felony forgery and burglary charges, and two years in prison with one year suspended on the felony identity theft charge. He was given credit for 98 days served in all instances, and the terms will run concurrently. He was ordered to pay a total of $416 in court costs and $11,597 in restitution.

Spink County State's Attorney Vic Fischbach said the identity theft and forgery charges stem from Erickson using another person's credit card. While those charges were pending, Fischbach said, Erickson and two juveniles broke into a fireworks stand and stole fireworks. More than $10,000 in restitution is for the fireworks.

--In Spink County Eric J. Snell, 34, of Redfield pleaded guilty to felony possession of methamphetamine. He was sentenced to three years in prison with two years suspended. He was also fined $1,104.

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