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