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

South Dakota Attorney General Marty Jackley is charging 11 inmates with criminal charges related to the late March "disturbances" at the South Dakota State Penitentiary, according to a press release. Indictments on those charges were issued Wednesday.

The charges were announced during a Tuesday morning press conference at the Sioux Falls Police Law Enforcement Center. The inmates' charges include aggravated assault, simple assault, intentional damage to property and burning within a structure were a person is lawfully confined. Their ages range from 19 to 50.

The indictments essentially mean there's enough evidence for the charges to go through a trial process. In all, the inmates face a total of 18 felony charges between them.

The inmates include:

• Joshua David Vortherms, 45, who is facing two counts of aggravated assault against a Department of Corrections employee and two counts of simple assault againast a DOC employee.

• Lee David Bernard, 32, who faces one count of intentional damage to property.

• Taylor Dallas Cook, 22, who faces one count of intentional damage to property.

• Markos James Fernandez, 19, who faces one county of intentional damage to property.

• Jon Wesley Lovejoy, 25, who faces one count of intentional damage to property.

• Conner David Shockey, 20, who faces one count of intentional damage to property.

• Michael Chaske White, 50, who faces one count of intentional damage to property.

• James Ewing, 41, who faces one count of reckless burning and one county of burning within a structure were a person is lawfully confined.

• Curtis Carpenter, 39, who faces one count of reckless burning and one county of burning within a structure were a person is lawfully confined.

• Michael Hewitt, 41, who faces one count of reckless burning and one count of burning within a structure where a person is lawfully confined.

• Mahlon Kirkie, 35, who faces one count of reckless burning and one count of burning within a structure were a person is lawfully confined.

Jackley told reporters Tuesday the disturbances came after Joshua Vortherms, a 45-year-old inmate at the state pen, allegedly assaulted correctional officers Brody Wines and Bradly VanBlaricom.

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

According to the arrest affidavit, Vortherms reportedly struck Wines in the head two times and later put him in a "headlock." 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 Health 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, inmates Cook, Fernandez, Lovejoy, Shockey and White damaged one of the eastern wing's south gate, which caused an estimated $2,500 to $5,000 in damages, Jackley revealed. He described the inmates as having attempted to "throw" a metal storage locker taken from a cell through one gate. The affidavit attributed damage to separate gate to Bernard.

He 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 against Ewing, Hewitt and Kirkie.

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

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 South Dakota State Penitentiary's East Hall, Jackley said.

The Attorney General said he briefed Gov. Kristi Noem on the investigation at some point. He said the conversation centered around DOC's cooperation with DCI and his office's intent to hold those individuals responsible for their actions.

“I appreciate the investigation conducted by DCI and the Attorney General into the recent disturbances," Noem stated in a Tuesday statement. "The safety and security of our corrections officers depends on holding those responsible for the violence accountable for their actions. The Department of Corrections has been and will continue to be fully cooperative with all aspects of this investigation and prosecution as these charges move forward.”

Asked whether the investigation looked into what Noem called "nefarious" uses of the prison tablets to allegedly smuggle contraband, Jackley said, "I didn't go into those kinds of details."

Prison tablet issue sparked 'disturbances,' Jackley says

The DOC indefinitely suspended tablet-based phone, text and email communications March 8. The department later restored tablet phone call services April 5, but the device's text and email features remain disabled.

Jackley said the decision to suspend tablet access sparked the disturbances at the state pen.

"If a cable TV is not offered or a tablet is not offered, or something of that nature, the appropriate remedy is not to beat up a guard," Jackley said. "I think the inmate's frustration is what was at least his reasoning for why he took certain actions, which is unacceptable under the law, and as my position as attorney general, we're addressing it with these felony charges."

In other instances of assaults against correctional officers, Jackley said charges can range from simple assault to attempted murder "depending on the significance of the assault."

But based on the video evidence and interview materials available, Jackley said aggravated assault against a correctional officer was the most appropriate charge in Vortherms' case.

"We looked hard at attempted murder," Jackley said. "That is not included in these charges at this point. It doesn't mean that amended charges won't come."

DOC slow to answer questions about staffing, scope of 'nefarious' tablet uses

It took nearly a month for the state to provide a detailed description of what occurred between the March 27 and March 28 "disturbances."

Jackley attributed the response time to several factors. One, Jackley said, DCI needed to sort out the events that occurred and interview correctional officers and inmates. He also said time was dedicated to filing the complaint and arrest warrants tied to the assaults on the correctional officers.

"We wanted to make sure it's as thorough an investigation as could be, and that we gave the inmates an opportunity to be interviewed," Jackley said. "Some accepted and some didn't, and that's in part why it took this period of time."

The Argus Leader reached out to Michael Winder, spokesperson for the South Dakota Department of Corrections, with questions about whether understaffing contributed to the disturbances and the number of correctional officers working in the state pen's East Hall the day of the assaults.

An email response to The Argus Leader's inquiry indicated Winder would be out of the office until the day after the Tuesday announcement.

Details from state officials on what exactly occurred between in the two "disturbances," which occurred on March 27 and March 28, have been slim prior to the Attorney General's announcement. A release on March 27 from DOC Secretary Kellie Wasko said, “Order has been restored at the South Dakota State Penitentiary," and noted that a "staff assault" had occurred, though the extent of injuries was not clear.

Jackley had directed the South Dakota Division of Criminal Investigation to look into the incidents.

More: DCI will investigate both nights of 'disturbance' at the South Dakota State Penitentiary

Beyond that, questions from the Argus Leader about the cause of the disturbances and other related info have largely received no answer, and several records requests have been denied. Those with family or friends inside the penitentiary have stated they believe the incidents were tied to the tablet suspension.

Wasko also sent an email on March 29 stating that a search had recently begun for "illicit contraband in order to ensure the safety of the facility following a small group of offenders being disruptive."

More: 'It's almost dehumanizing:' South Dakota inmates' phone calls limited at prisons across state

All have initial court appearances scheduled, but the dates are not yet publicly available.

This article originally appeared on Sioux Falls Argus Leader: 11 inmates face criminal charges in SD prison 'disturbances'