11 inmates tied to 'disturbances' at South Dakota State Penitentiary all plead not guilty

The South Dakota State Penitentiary on Friday, March 29, 2024 in Sioux Falls.
The South Dakota State Penitentiary on Friday, March 29, 2024 in Sioux Falls.
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The 11 inmates charged in connection with March "disturbances" at the South Dakota State Penitentiary in Sioux Falls all pleaded not guilty to their charges at their initial arraignments in court Wednesday.

Their charges include aggravated assault, simple assault, intentional damage to property and burning within a structure where a person is lawfully confined. Their ages range from 19 to 50. They were expected to appear from the state penitentiary before a judge via TV, instead of being transported to the Minnehaha County Courthouse for the hearings.

The inmates also all face habitual offender charges that, if found guilty, could mean an increase in their current prison sentences, according to the South Dakota Attorney General's Office.

Attorney General Marty Jackley, who initially leveled the charges against the inmates, told reporters in April the disturbances came after Joshua Vortherms, a 45-year-old inmate at the state penitentiary, allegedly assaulted correctional officers Brody Wines and Bradly VanBlaricom.

South Dakota Attorney General Marty Jackley talks to reporters, out-of-frame, Tuesday, April 23, 2024, at the Police Law Enforcement Center in Sioux Falls. The Attorney General's Office announced the state filed charges against an inmate who assaulted two correctional officers and 10 other prison clients involved in subsequent "disturbances" at the South Dakota State Penitentiary.

According to an arrest warrant affidavit filed by the Attorney General's office and the South Dakota Division of Criminal Investigation against Vortherms and the 10 others involved, the incident was instigated by a disagreement between Vortherms and Wines over suspended phone calls and messaging services on inmate tablet computers.

Vortherms reportedly struck Wines in the head two times and later put him in a "headlock," according to the arrest affidavit. The strikes and the choking attempt are considered separate assault charges, as indicated in a criminal complaint document filed against Vortherms.

The affidavit also states VanBlaricom, who pulled Vortherms away from Wines, was hit in the head "a couple of times" before both officers were able to restrain the inmate.

Jackley said both officers were treated at an Avera hospital after the assault and later released, but he did not go into specific detail regarding the extent of their injuries.

Shortly after the assault, other inmates damaged one of the eastern wing's south gates, which caused an estimated $2,500 to $5,000 in damages, Jackley said. He described the inmates as having attempted to "throw" a metal storage locker taken from a cell through one gate. A seperate gate was also damaged.

Jackley also said some inmates began to start fires within their cells. A number of items, including a denim jacket, a pillow, towels and a bedsheet were lit on fire during the disturbances, which prompted the reckless burning charges.

Jackley said the investigation did not determine how the fires were started.

More: Jackley reveals new details in state pen assault, 'disturbances'; 11 inmates face criminal charges

The attorney general admitted the disturbances likely involved other inmates who were not charged, but he clarified their involvement "might not have been to the level of criminal activity."

"It may be to the level that the Department of Corrections handles that administratively," Jackley said. "I feel strongly under the law, you know, guilt by association isn't our law in the United States. That just because you're present, it doesn't necessarily mean that you have a criminal responsibility."

All events related to the assaults and disturbances took place within the east hall, Jackley said.

Here's a breakdown of what the inmates were charged with, according to the South Dakota Unified Judicial System court records:

More: Two of 11 South Dakota State Penitentiary inmates tied to March incident in prison for homicide

Joshua David Vortherms

Age: 45Initial charges: Faces two counts of aggravated assault against a Department of Corrections employee and two counts of simple assault againast a DOC employee.Plea: Not guilty to all

Lee David Bernard

Age: 32Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

Taylor Dallas Cook

Age: 22Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

Markos James Fernandez

Age: 19Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

John Wesley Lovejoy

Age: 25Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

Connor David Shockey

Age: 20Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

Chaske Michael White

Age: 50Initial charges: Faces one count of intentional damage to property.Plea: Not guilty

James Ewing

Age: 41Initial charges: Faces one count of reckless burning and one count of burning within a structure where a person is lawfully confined.Plea: Not guilty to both charges

Curtis Carpenter

Age: 39Initial charges: Faces one count of reckless burning and one count of burning within a structure where a person is lawfully confined.Plea: Not guilty to both charges

Michael Hewitt

Age: 41Initial charges: Faces one count of reckless burning and one count of burning within a structure where a person is lawfully confined.Plea: Not guilty to both charges

Mahlon Kirkie

Age: 35Initial charges: Faces one count of reckless burning and one count of burning within a structure where a person is lawfully confined.Plea: Not guilty to both charges

Jury trials are tentatively scheduled for Aug. 12, according to court documents.

This article originally appeared on Sioux Falls Argus Leader: 11 inmates tied to 'disturbances' at state prison all plead not guilty