Davison County felony court cases for March 26

Sam Fosness, The Daily Republic, Mitchell, S.D.
·4 min read

Mar. 28—MITCHELL — The following cases were among those heard Tuesday, March 26, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Chelsey Habben, 30, of Lake Andes, pleaded guilty to grand theft in the amount of $5,000 and $100,000, a Class 4 felony that carries a maximum sentence of 10 years and a $20,000 fine. According to an indictment, Habben stole over $5,000 from a bank account belonging to Make-it-Mine Design in Mitchell. State prosecuting attorneys indicated they have agreed to recommending a 10-year prison sentence with five years suspended.

* Ervin St. Claire, 48, of Mitchell, was appointed an attorney for an alleged probation violation. He is serving probation for possession of a controlled substance (methamphetamine), a Class 5 felony.

* Cole Gustafson, 29, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance, a Class 5 felony. He was ordered to serve two years of probation.

* Kayla Charging Hawk, 38, of Mitchell, admitted to two counts of violating probation. She was sentenced to five years in prison with two years suspended. Charging Hawk was serving probation for possession of a controlled substance (meth), a Class 5 felony. Charging Hawk was sentenced to five years in prison with two years suspended for the second probation violation.

* Melissa Star Iron Shell, 43, of Mitchell, pleaded guilty to a third-offense Driving Under the Influence (DUI), a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine. She was granted a personal recognizance bond on Tuesday.

* Caleb Moore, 22, of Mitchell, pleaded not guilty to aggravated assault (domestic abuse), a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine; violation of a protection order, a Class 6 felony; and false imprisonment, a misdemeanor.

* Tina Fallis, 44, of Mitchell, was sentenced to two years in prison with two years suspended for identity theft, a Class 6 felony. Fallis was ordered to serve two years of probation and pay roughly $290 in restitution fees.

* Zachary Uttecht, 24, of Mitchell, was granted a two-week continuance for sexual exploitation of a minor, a Class 6 felony. Uttecht is scheduled to appear in court on April 9 for an arraignment hearing.

* Samantha Goodlow, 31, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. She was sentenced to five years in prison with three years suspended. Goodlow received credit for 14 days in jail. Goodlow is currently serving probation at the federal level for a separate criminal case.

* Mynor Andrade, 33, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony; use or possession of drug paraphernalia and driving with a revoked license, which are misdemeanor offenses. Andrade is also facing a probation violation charge in a separate case. The new charges against Andrade occurred while he was on probation.

* Anthony Wermers, 25, of Mitchell, pleaded not guilty to two counts of possession of a controlled substance (meth) and (THC), each a Class 5 felony; and use or possession of drug paraphernalia. Officers located Wermers at a Mitchell residence while executing an arrest warrant. Wermers was allegedly in possession of meth needles and a THC vaporizer.

* Brian Mazzoni, 37, of Mitchell, had a sentencing hearing scheduled for April 9 in connection to possession of a controlled substance (meth), a Class 5 felony. According to an arrest affidavit, officers located Mazzoni standing in the middle of Dry Run Creek. Officers used a throw rope to help Mazzoni out of the creek after he refused to walk himself out of the water for officers to speak with him, the affidavit says. Mazzoni was in possession of a controlled substance when officers searched him after the incident.

* Kyle Ashes, 32, of Chamberlain, failed to appear in court for a probation violation. A bench warrant was issued for his arrest.

* Aaron Stevens, 24, of Letcher, was sentenced to five years in prison with five years suspended for possession of a controlled substance (meth), a Class 5 felony. He received credit for serving 24 days in jail. Stevens is currently on parole with the state's Department of Corrections.

* Carlos Hudson, 18, of Mitchell, was sentenced to five years in prison with five years suspended for possession of a controlled substance (meth), a Class 5 felony. As part of his sentencing, Hudson was ordered to serve 70 days in jail and two years of probation. Hudson was sentenced to 98 days in jail for a separate simple assault charge, which is a misdemeanor offense. Hudson received credit for serving 98 days in jail.