Davison County felony court cases for May 9

May 11—MITCHELL — The following cases were among those heard Tuesday, May 9, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Kip Gearey, 40, of Tea, South Dakota, waived his right to a 180-day speedy trial. Gearey is facing 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. 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. Gearey is facing up to life in prison for the alleged rape charges. He posted a $25,000 cash bond in February, which allowed his release from Davison County jail.

* Dustin Feistner, 43, of Mitchell, was granted a suppression hearing. In March, Feistner pleaded not 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, and use or possession of drug paraphernalia, a misdemeanor. The drug arrest prompted the Mitchell City Council to revoke Feistner's taxi license in early March. Feistner was operating his taxi business, Speedy Taxi, at the time of his arrest. The upcoming suppression hearing will allow Feistner's attorneys to argue that the evidence used to charge him be tossed out.

* Skiler Seidel, 31, of Sturgis, pleaded not guilty to abuse, cruelty to a minor under the age of 7, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Seidel allegedly picked his child up and "threw him to the ground," which caused the child to fall limp, according to an arrest affidavit. Seidel then pushed the 5-year-old child through a door and left the scene, the affidavit says. The incident was caught on camera, according to court documents. Seidel was later apprehended by authorities in Sturgis.

* Laura Baus, 51, of Mitchell, pleaded guilty to grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to Davison County Deputy State's Attorney Robert O'Keefe, Baus spent money belonging to her disabled son without permission over a period of several years. O'Keefe said Baus spent roughly $6,000 of her son's money. She is scheduled to be sentenced on June 20.

* Cassidy Jones, 23, of Mitchell, pleaded guilty to grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. According to Davison County Deputy State's Attorney O'Keefe, Jones received roughly $11,000 in paychecks from Pizza Ranch while she was no longer working for the establishment. He said the paychecks were delivered to her by mistake. She used some of the money to install funds into an inmate's commissary account, O'Keefe said. Jones is scheduled to be sentenced on June 6.

* Randy Johnson, 36, of Sioux Falls, was appointed an attorney Tuesday to represent him for an alleged probation violation. He was serving probation for an accessory to a felony charge, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. Johnson remains in custody on a no-bond warrant. He is scheduled to appear in court in two weeks.

* Trenton Redwater, 24, of Mitchell, pleaded not 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, and use or possession of drug paraphernalia, a Class 2 misdemeanor. He is scheduled to face a jury trial in early August unless he changes his plea prior to the trial date.

* Donald Fasthorse, 50, address unknown, pleaded guilty to possession of a controlled substance (meth) with intent to distribute in a drug free zone, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. The charge has a mandatory minimum prison sentence of five years attached to it. According to State's Attorney Jim Miskimins, Fasthorse was arrested after authorities found him in possession of meth within 1,000 feet from Mitchell Middle School. Judge Giles ordered a pre-sentence investigation report be conducted prior to Fasthorse's June 20 sentencing hearing.

* Heaven Bruguier, 34, of Mitchell, pleaded not guilty to five counts of identity theft, each Class 6 felonies that carry a maximum sentence of two years in prison and a $4,000 fine, and one count of grand theft in the amount between more than $5,000 and less than $100,000, a Class 5 felony. An indictment says Bruguier was one of three suspects who allegedly accessed a debit card from a victim and used it without the victim's authorization. She is scheduled to face a jury trial in early August unless she changes her plea prior to the trial date.

* Lindsey Hatwan, 43, of Mitchell, was granted a personal recognizance (PR) bond on Tuesday to allow her release from jail. Hatwan is facing a probation violation charge. She was serving probation for possession of a controlled substance (meth), a Class 5 felony. Hatwan previously denied violating probation. She is seeking to enter a drug treatment program while out on bond.

* Cameron Johnson, 29, of Mitchell, had a jury trial date scheduled for early August in connection to child pornography charges. In March, Johnson 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.

* Carla Bigeagle, 53, of Mitchell, failed to appear in court for possession of prescription or non-prescription drugs while in jail, a Class 4 felony, possession of a controlled substance (meth), a Class 5 felony, knowing a child is present while in possession of methamphetamine and use or possession of drug paraphernalia, each misdemeanor offenses. A bench warrant was issued for her arrest. According to an affidavit, Bigeagle was pulled over for illegally tinted windows. Officers searched her vehicle and uncovered meth residue and a pipe. A juvenile was in the vehicle at the time of her arrest.

* Adam Kowall, 39, waived his right to a 180-day speedy trial. He's facing aggravated assault and a protection order violation. Kowall pleaded not guilty to the charges in February.

* Joshua Weber, 28, of Huron, pleaded guilty to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony. Weber was sentenced to serve two years in prison. He received credit for serving 102 days in jail. Weber was on parole with the Department of Corrections at the time of his DUI arrest. His blood alcohol level was .204 at the time of his arrest.

* Samantha Schwartzbauer, 36, of Mitchell, was denied her request for a bond modification. She is in custody for an alleged probation violation. Schwartzbauer was serving probation for possession of a controlled substance (meth), a Class 5 felony.

* Tyler Brockway, 27, of Osceola, Indiana, pleaded not guilty to three counts of possession of a controlled substance, including fentanyl and cocaine, each a Class 5 felony, and use or possession of drug paraphernalia, a misdemeanor offense. According to court documents, Brockway was a passenger of a vehicle that was pulled over along Interstate 90 for speeding. After detecting the smell of marijuana, officers executed a search and found fentanyl, cocaine and marijuana.

* Austin Jennings, 22, of Mitchell, pleaded guilty to first-degree petty theft with a value over $400, a Class 1 misdemeanor. According to an arrest affidavit, Jennings allegedly changed tip amounts on numerous receipts and increased the dollar amounts. He was sentenced to 94 days in jail with 90 days suspended.

* Clifton Red Feather, 51, of Mitchell, had a jury trial scheduled for early June in connection to possession of a controlled substance (meth), a Class 5 felony.

* Michelle Star Ironshell, 40, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony, and impersonation to deceive a law enforcement officer, a Class 1 misdemeanor. For the possession of a controlled substance charge, she was sentenced to five years in prison with five years suspended. Star Ironshell was sentenced to 80 days in jail with 80 days suspended for the impersonation to deceive an officer charge. She remains under the supervision of the Department of Corrections.

* Loren Mead, 32, of Mitchell, had his next hearing scheduled for May 23. He is facing aggravated assault (domestic abuse) by way of strangulation, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. He previously pleaded not guilty to the assault charge. According to an arrest affidavit, Mead allegedly choked his girlfriend for not having a vehicle to provide him a ride. Court documents say the victim was unable to breath for 30 seconds while Mead allegedly choked her. Mead proceeded to choke the victim once again after she attempted to run to safety, the affidavit alleges. The assault resulted in the victim receiving two staples in her head.

* Elizabeth Long Crow, 41, of Sioux Falls, was granted a PR bond on Tuesday. Long Crow is facing possession of a controlled substance (meth), a Class 5 felony. She is seeking entry into the James Valley Drug Court program.

* Marcus Eaglestar, 20, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), 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. His bond was reduced to $2,000 cash. An arrest warrant has been issued for Eaglestar since March 2022 after he failed to appear in court for his alleged charges.

* Paris Rodgers, 36, of South Bend, Indiana, pleaded not guilty to three counts of possession of a controlled substance, including fentanyl and cocaine, each a Class 5 felony, and use or possession of drug paraphernalia, a misdemeanor offense. Rodgers was operating her vehicle that was pulled over along Interstate 90 for allegedly speeding. After detecting the smell of marijuana, officers executed a search and found fentanyl, cocaine and marijuana. Davison County State's Attorney Miskimins said baking soda was also found in the vehicle, which he explained could indicate Rodgers was using it to "cut the substances" for the purpose of selling them. Her cash bond was reduced to $1,500. Rodgers is scheduled to face a jury trial in early August. She is facing up to 15 years in prison.

* Megan Sweets, 42, of Mitchell, pleaded guilty to grand theft in the amount between $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,00 fine. Sweets stole a vehicle that was parked in front of M and H gas station, prosecuting attorneys said. Judge Giles asked whether the vehicle was returned to its original owner to which Sweets' attorney, Zach Flood, said the vehicle was stolen from Sweets by another individual who damaged it. As a result, Flood said the vehicle was not returned to its original owner. She is scheduled to appear in court on June 27.

* Desteny Brotherton, 21, of Mitchell, pleaded guilty to first-degree petty theft, a misdemeanor offense. Brotherton allegedly used a stolen credit card to purchase items online, according to an arrest affidavit. She was sentenced to 60 days in jail with 60 days suspended. Brotherton was ordered to remain on good behavior for one year.

* Aria Uthe, 25, of Sioux Falls, 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 is scheduled to be sentenced on June 6.

* Emily Koch, 30, of Sioux Falls, pleaded guilty to unauthorized ingestion of a controlled substance, a Class 5 felony. Koch was sentenced to five years in prison with five years suspended. She was ordered to serve two years of probation.

* Jesus Garcia, 33, of Mitchell, pleaded guilty to aggravated eluding, a Class 6 felony, and a DUI, a misdemeanor offense. He was sentenced to two years in prison with two years suspended for the aggravated eluding charge. For the DUI, he was sentenced to 32 days in jail and received credit for serving 30 days. According to an arrest affidavit, Garcia got into a domestic altercation on March 13 and struck a victim in the head and threw a can of food at another victim before fleeing the scene in his van. When officers arrived, Garcia began driving away at high speeds along Sanborn Boulevard. Witnesses reported to authorities that an intoxicated Garcia drove into oncoming traffic before striking a curb and crossed a five-lane road on the Highway 37 bypass until he collided with a street sign, which disabled his vehicle, according to the affidavit.

* Michael Rooks, 19, of Mitchell, pleaded guilty to third-degree burglary, a Class 5 felony. Rooks was granted a suspended imposition with the condition of successfully completing two years of probation. According to an arrest affidavit, officers responded to a report of Rooks entering into a dwelling, located at 814 N. Winsor Ave., and allegedly 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. When the victim awoke to Rooks standing alongside the victim's bed, Rooks proceeded to strangle the victim, the affidavit alleged. Police reports say that the victim managed to fight back while being strangled and "knocked Rooks to the floor." Mitchell police officers located an intoxicated Rooks shortly after the incident near Mitchell High School and arrested him. During Tuesday's hearing, prosecuting attorney O'Keefe said the owner of the residence Rooks broke into recommended against any sentencing that could "ruin his life." Rooks' attorney, Zach Flood, highlighted Rooks is succeeding in college and pointed to alcohol consumption as a key factor that led to the incident. Rooks received credit for serving 11 days in jail.

* Cheyenne Alvarez, of Mitchell, failed to appear in court Tuesday. She is facing 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. Alvarez pleaded not guilty to the charges in February. According to an arrest affidavit, officers responded to a report of a female, later identified as 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.

* Kolton Colombe, 21, of Mitchell, pleaded guilty to simple assault against a law officer, a Class 6 felony, and admitted to violating probation. Colombe was sentenced to two years in prison for the assault against a law officer charge. He received credit for serving 95 days in jail. For the probation violation, Colombe was sentenced to five years in prison with three years suspended. He received credit for serving 94 days in jail.

* Sonny Antelope, 40, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony, and admitted to violating probation. He was sentenced to two years in prison for the probation violation charge. Antelope received credit for serving 132 days in jail. For the drug possession charge, Antelope was sentenced to five years in prison with five years suspended.

* Warren Rowley, 28, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance (methamphetamine), a Class 5 felony. He received credit for serving 153 days in jail. Rowley was ordered to remain under DOC supervision.

* Robert Shields, 29, of Mitchell, pleaded guilty to unauthorized ingestion of a controlled substance, a Class 5 felony. Shields was sentenced to five years in prison with five years suspended. He received credit for serving 116 days in jail.

* Brianna Charging Hawk, 23, of Mitchell, had the following charges dismissed: simple assault (domestic abuse), a Class 1 misdemeanor, and violating a protection order, a Class 6 felony.

* Ariana Herman-Waln, 22, of Mitchell, admitted to violating probation. She was sentenced to five years in prison with five years suspended. Herman-Waln had her suspended imposition revoked. She was ordered to serve two years of probation, as part of her sentencing. Herman-Waln was serving probation for possession of a controlled substance.

* Jeromy Ulmer, 38, of Herrick, had a jury trial scheduled for early August 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.

* Brian Hislaw, 23, of Fort Thompson, failed to appear in court Tuesday for 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.

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