Davison County court cases for Feb. 27

Feb. 29—MITCHELL — The following cases were among those heard Tuesday, Feb. 27, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Bradley Townsend, 37, of Mitchell, was sentenced to two years in prison with two years suspended for failure to provide information as a registered sex offender, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. According to Davison County Deputy State's Attorney Robert O'Keefe, Townsend, who was serving probation at the time he was charged, committed an offense by using an electronic device to search for pornography. As part of Townsend's probation, there are restrictions in place he is required to follow when using a device with Internet access. O'Keefe said the search history on the Internet device Townsend used was concerning. Townsend's attorney, Doug Dailey, argued against imposing a prison sentence based on concerns Townsend could become a target in prison and his low-risk offender status. Judge Giles warned Townsend that a prison sentence will be imposed if he violates probation. Giles ordered Townsend to serve four additional years of probation. Townsend was authorized computer use solely for counseling purposes, which Judge Giles said must be supervised.

* Darrell Bennett II, 49, of Mitchell, pleaded guilty to possession of marijuana in the amount between 2 ounces and a 1/2 pound, a Class 6 felony. Bennett II was sentenced to two years in prison with two years suspended. According to an arrest affidavit, officers executed a search warrant at Bennett II's residence in Mitchell and uncovered 28 marijuana plants. Officers also found other items believed to contain marijuana. Bennett II and co-defendant, Aaron Cooper, of Mitchell, both sought to have the charges dismissed on the grounds that the 28 plants being grown at Bennett II's residence had low enough THC delta-9 levels that would classify the plants as legal hemp, along with arguing the medical purpose defense and lack of evidence to prove they were intending to distribute marijuana. Test results showed the plants contained low levels of delta-9 THC — the chemical compound in cannabis known to produce a high — but Judge Giles explained a jury should decide whether the THC levels classified the plants as hemp or marijuana. Ultimately, Judge Giles denied Bennett II and Cooper's motion to suppress the evidence used to charge the two defendants. On Tuesday, Davison County State's Attorney Jim Miskimins said the marijuana growing operation inside Bennett II's residence was not in compliance with state statute. Bennett II was initially charged with multiple felonies stemming from the search of his residence. As part of a plea deal with state prosecuting attorneys, Bennett II pleaded guilty to one Class 6 felony marijuana possession charge. Cooper is scheduled to face a jury trial for the handful of marijuana-related felonies he's facing from the search. During Tuesday's sentencing hearing, Judge Giles said it appeared Bennett II was not the instigator in the case. Bennett II was also ordered to serve two years of probation. He was authorized to utilize his medical marijuana card.

* Majda Korkutovic, 31, of Letcher, failed to appear in court for a status hearing in connection to second-degree burglary, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. According to an arrest affidavit, Korkutovic allegedly broke into a home in Mitchell through a basement window. Upon the homeowner entering his residence, Korkutovic was seen sitting on the steps drinking a beer with a pair of shirts placed atop her head, the affidavit said. Authorities located Korkutovic shortly after the alleged burglary in Loomis, which is about 5 miles north of Mitchell.

* Melvin Rodriguez, 27, of Lead, pleaded not guilty to a fifth-offense Driving Under the Influence (DUI) charge, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine; aggravated eluding, a Class 6 felony; driving with a revoked license, a misdemeanor; and open alcohol container, a misdemeanor. According to an affidavit, Rodriguez allegedly fled from officers during a traffic stop. Rodriguez allegedly reached speeds of up to 115 mph during the pursuit along Interstate 90, court documents said. The pursuit ended when Rodriguez struck an exit sign on I-90.

* Houston Red Day, 33, of Mitchell, was granted a furlough from jail to allow him to enter a treatment program. Red Day is facing possession of a controlled substance, a Class 5 felony; possession of marijuana in the amount of 2 ounces or less, a misdemeanor; and use or possession of drug paraphernalia, a misdemeanor offense.

* Dakota Rouse, 37, of Marty, pleaded not guilty to a sixth-offense DUI, a Class 4 felony; careless driving, a misdemeanor; and failure to maintain financial responsibility, a misdemeanor offense. Rouse was denied a request to modify bond. Davison County Deputy State's Attorney Alicia Odland cited a past failed court appearance as a reason to recommend against any bond modifications.

* Almaleena Dunn-O'Brien, 22, of Portland, Oregon, pleaded guilty to petty theft, a misdemeanor. She was initially charged with felony grand theft, but a plea deal resulted in the felony charges being dismissed.

* Cannupa Williamson, 27, of Mitchell, pleaded guilty to intentional damage to property, a Class 6 felony; and simple assault (domestic abuse), a misdemeanor offense. According to an arrest affidavit, Williamson punched a victim he was residing with in the face multiple times. According to prosecuting attorney O'Keefe, Williamson also crushed the door of the victim he assaulted. The damage to the victim's vehicle amounted between $2,500 to $5,000. Williamson is scheduled to be sentenced following the completion of a presentence investigation report.

* David Richey, 53, of Mitchell, was sentenced to five years in prison with five years suspended for unauthorized ingestion of a controlled substance (meth), a Class 5 felony. Richey was pulled over in a vehicle he was operating, which led to a search that uncovered meth, an affidavit alleges. Richey told officers he just purchased the vehicle when he was pulled over, court documents said. As part of his sentencing, Richey was ordered to serve two years of probation.

* Dalton Thompson, 19, of Mitchell, pleaded not guilty to four counts of simple assault against a law officer, each a Class 6 felony; and simple assault (domestic abuse), a misdemeanor offense. According to an arrest affidavit, Thompson allegedly kicked the arresting officer multiple times. Thompson allegedly punched a corrections officer in the face upon arriving to the Davison County jail.

* Wade Myers, 29, of Mitchell, was granted a personal recognizance bond to allow his release from jail. Myers is scheduled to appear in court May 7.

* Christina Yates, 51, of Pierre, pleaded not guilty to two counts of possession of a controlled substance, each a Class 5 felony; unauthorized ingestion of a controlled substance, a Class 5 felony; and use or possession of paraphernalia, a misdemeanor offense.

* David Renbarger, 32, of Chamberlain, was sentenced to two years in prison with two years suspended for possession of a controlled substance (ecstasy), a Class 5 felony. As part of his sentencing, he was ordered to serve two years of probation.

* Jimmy Bice, 48, of Henderson, Texas, pleaded guilty to two counts of possession of a controlled substance (cocaine) and (meth), each a Class 5 felony; and use or possession of drug paraphernalia. An arrest affidavit alleges officers uncovered a pill bottle containing cocaine in Bice's vehicle. A $1 bill with meth residue was also allegedly found in the vehicle, court documents said.

* Arthur Impson, 27, of Worthington, Minnesota, pleaded not guilty to two counts of possession of a controlled substance (cocaine) and (psychedelic mushrooms), each a Class 5 felony; and a DUI, a misdemeanor offense. According to an arrest affidavit, officers allegedly found two bags of psychedelic mushrooms and hash oil during a vehicle search.

* Carlos Hudson, 18, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony; and simple assault with intent to cause bodily injury, a misdemeanor offense. He is scheduled to be sentenced on March 26.

* Karla Bridger, 58, of Mitchell, admitted to violating probation. She was sentenced to serve three years of intensive probation.

* Kelsey Kerns, 35, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance, a Class 5 felony. She was ordered to serve two years of probation.

* Dru Peterson, 36, of Mitchell, was sentenced to serve five years in prison for possession of a controlled substance (meth), a Class 5 felony. Peterson received credit for serving 197 days in jail.

* Jordan Thuringer, 21, of Mitchell, pleaded guilty to eluding, a misdemeanor. He was sentenced to 90 days in jail with 90 days suspended.