Davison County felony court cases for Aug. 15

Aug. 17—MITCHELL — The following cases were among those heard Friday, July 18, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Shawn Wagaman, 38, of Sioux Falls, pleaded guilty to possession of unauthorized articles while in jail, a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. He was on parole when he was charged. According to an arrest affidavit, Wagaman was found by officers on Mar. 25 passed out in the driver seat of a stolen truck. Officers searched Wagaman and uncovered a meth bag and meth needles, the affidavit explained. While he was being booked at the Davison County jail, Wagaman allegedly had meth concealed in his gloves. Judge Giles ordered a pre-sentence investigation report be conducted on Wagaman prior to imposing his sentence. Wagaman's sentencing hearing is scheduled for Sept. 26.

* Kyle Milekovich, 40, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine; and first-degree petty theft, a misdemeanor offense. He was sentenced to five years in prison with five years suspended for the possession of a controlled substance charge. Milekovich was sentenced to 102 days in jail with 90 days suspended for the petty theft charge. He received credit for serving 12 days in jail. According to court documents, Milekovich stole from Walmart, which led authorities to search his residence. The search uncovered meth inside his residence.

* Jordan Sprinkel, 27, of Mitchell, admitted to violating probation. Sprinkel's violation stemmed from him failing to make payments on a roughly $11,000 restitution fee that stemmed from an identity theft charge he committed while working at an Ethan bar in 2021. He's serving probation for possession of a controlled substance (meth), a Class 5 felony; and identity theft, a Class 6 felony that carries a maximum sentence of two years in prison and or a $4,000 fine. An arrest affidavit explained Sprinkel wrote down the credit card information of a customer while working at an Ethan bar, which he later used to withdraw $1,400 from the victim's account. He also obtained and altered two checks from a separate customer at the bar to appear as though they were issued to him. As part of Sprinkel's sentencing, his probation was extended two years. He was facing the possibility of prison time from the probation violation, but Judge Giles recognized Sprinkel has successfully followed all other conditions of his probation. Giles explained two more years of probation would provide more time for Sprinkel to make payments on the restitution fee he's ordered to pay from the identity theft charge. Sprinkel, who represented himself on Tuesday, said he was planning to make the necessary payments for his restitution fee but was hampered by unexpected lack of work available at his job.

* Casey Charging Hawk, 22, of Mitchell, was appointed an attorney to represent him for an alleged probation violation.

* Jasmine Medicine Elk, 22, of Mitchell, admitted to violating probation. She was serving probation for intentional damage to property in the amount between $5,000 and $100,000, a Class 4 felony; and aggravated criminal entry into a motor vehicle, a Class 6 felony. Medicine Elk was authorized work release with the condition of participating in twice-weekly urinary analysis drug testing.

* Calice Archambault, 21, of Mitchell, was terminated from probation. She's serving probation for grand theft in the amount between $1,000 and $2,500, a Class 6 felony. The grand theft charge stemmed from Archambault stealing a dog from Ed's Pet World. The dog was valued at $1,495. She was sentenced to serve seven days in jail for the probation violation. She received credit for serving 341 days in jail following her arrest for the probation violation.

* Jessica Lybarger, 37, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. She was sentenced to five years in prison with five years suspended. Lybarger was also sentenced to serve two years of probation.

* Roberta Miller, 39, of Mitchell, admitted to violating probation. Miller was denied her request for a two-day furlough to allow her release from jail for family matters.

* Alexander Week, 32, of Mitchell, pleaded not guilty to manufacturing, distributing and possessing a schedule I or II drug, a Class 4 felony; two counts of possession of a controlled substance, each Class five felonies; and use or possession of drug paraphernalia. Week's next court appearance for a status hearing is scheduled for Nov. 21.

* John Perryman, 43, of Moorhead, Minnesota, had his sentencing hearing scheduled for Nov. 21. Perryman is awaiting sentencing for distribution and possession with intent to distribute marijuana in the amount between 1 pound and a half-pound, a Class 4 felony. The maximum sentence he could receive is 10 years in prison and a $20,000 fine.

* Thomas Barber, 61, of Mitchell, appeared in court for a status hearing in connection to a third-offense Driving Under the Influence (DUI) charge, a Class 6 felony; threatening a law officer; open alcohol container in a vehicle; and driving with a revoked license, each misdemeanor offenses. According to an arrest affidavit, Barber allegedly told officers he would "hang" them, resulting in another charge for threatening an officer.

* Kyla Jarabek, 36, of Mitchell, had her bond reduced to $500. Jarabek is facing a possession of a controlled substance (meth) charge, a Class 5 felony. She allegedly failed a drug test on Aug. 1 prior to her scheduled court hearing, which resulted in a bond violation. Jarabek's Aug. 1 hearing did not take place due to her allegedly being under the influence. Jarabek had a similar drug test incident on the day of a court hearing roughly a year ago when she tested positive for meth moments before the scheduled hearing.

* Nikole McCarty, 34, of Mitchell, pleaded guilty to two counts of possession of a controlled substance (meth), each a Class 5 felony. She was sentenced to five years in prison with five years suspended for each charge. McCarty was also sentenced to serve six years of probation for each charge. As part of her probation sentence, McCarty was ordered to complete James Valley Drug Court. She received credit for 171 days in jail for one count and 188 days for the other charge.

* Joseph Majercik, 25, of Mitchell, admitted to violating probation. Majercik's probation violation stems from being terminated from the court-ordered James Valley Drug Court program and testing positive for cocaine while on probation. He was sentenced to 10 years in prison with two years suspended for the violation. Majercik was serving probation for two counts of possession of a controlled substance (meth), each Class 5 felonies that carry a maximum sentence of five years in prison and a $10,00 fine. According to Davison County Deputy State's Attorney Robert O'Keefe, Majercik used what he thought was a synthetic drug that would not show up on drug tests. O'Keefe said a synthetic drug Majercik used tested positive for cocaine. O'Keefe said Majerick was "trying to beat the (drug testing and treatment) system the entire time" he was on probation.

* Aaron Hacecky, 25, of Mitchell, pleaded not guilty to one count of animal cruelty, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine; possession of a controlled substance (marijuana wax), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine; and use or possession of drug paraphernalia, a misdemeanor offense. According to an arrest affidavit, officers responded to a complaint that alleged Hacecky was beating his girlfriend's dog on July 30 at his Mitchell residence. The dog died shortly after officers transported the black Lab to an animal hospital. Upon arriving at the scene, a police officer observed Hacecky "punching a black Lab in the head several times" with a closed fist, the affidavit alleges. After handcuffing Hacecky to stop him from beating the dog, the officer observed duct tape fastened around the dog's legs and mouth, according to the police report. Hacecky recently posted a $4,000 cash bond to allow his release from jail. He is scheduled to appear in court for a status hearing on Nov. 21.

* Jacob Rodriquez, 33, of Mitchell, pleaded not guilty to a fourth-offense simple assault (domestic abuse) charge with intent to cause bodily injury, a Class 5 felony; simple assault (domestic abuse) with intent to put another in fear of bodily harm, a misdemeanor offense; simple assault (domestic abuse) with intent to cause bodily harm, a misdemeanor offense; and having an altered or invalid license, a misdemeanor offense.

* Drew Peterson, 36, of Mitchell, pleaded not guilty to manufacturing, distribution and possessing drugs, a Class 4 felony; aggravated eluding, a Class 6 felony; possession of marijuana in the amount of 2 ounces or less, a misdemeanor offense; obstructing a jailer or firefighter, a misdemeanor offense; use or possession of drug paraphernalia, a misdemeanor; failure to make a proper stop at an intersection, a misdemeanor; and not having proper license plates on a vehicle, a misdemeanor. He is scheduled to appear in court Nov. 21 for a status hearing.

* Bryon Fischer, 49, of Mitchell, was granted a furlough to enter a treatment program while in custody. Fischer is facing a handful of charges in two separate cases. He's facing a first-degree burglary charge in one case, which is a Class 2 felony that carries a maximum sentence of 25 years in prison. According to an affidavit, Fischer allegedly broke into an apartment while the owner was away and was found sleeping on the couch when authorities entered the apartment. In another separate case, Fischer is facing the following charges: grand theft in the amount between $2,500 and $5,000, a Class 5 felony; aggravated assault with intent to cause bodily injury, a Class 3 felony; aggravated eluding, a Class 6 felony; unauthorized ingestion of a controlled substance, reckless driving and failure to make a proper stop, each misdemeanor offenses. He's scheduled to appear in court on Sept. 26 for a status hearing.