Davison County felony court cases for Nov. 1

Nov. 3—MITCHELL — The following cases were among those heard Wednesday, Nov. 1, during a circuit court session at the Davison County Public Safety Center, with Judge Chris Giles presiding.

* Brandon Scott, 41, of Sioux Falls, was denied a bond modification request. Scott was appointed a new attorney after he alleged he wasn't being represented in a satisfactory manner. He is facing aggravated eluding, a Class 6 felony that carries a maximum sentence of two years in prison and a $4,000 fine; obstructing law enforcement officers; possession of less than two ounces of marijuana, driving with a suspended license; improper right turn; and possession of drug paraphernalia in a motor vehicle, each misdemeanor charges. Scott's charges stem from a vehicle pursuit that ended after he allegedly crashed his vehicle. Officers located Scott following the wreck with the help of a new drone the Mitchell Police Department recently welcomed. An affidavit of the events says the officer attempted to pull Scott over for an improper right turn. When the officer approached the vehicle, the driver sped away and a pursuit ensued. The affidavit also says a passenger in the vehicle Scott was operating out took off on foot at a traffic stop. The pursuit in residential areas exceeded speeds of 60 mph, which prompted officers to terminate the vehicle pursuit due to safety concerns for the public. During Wednesday's hearing, Judge Giles indicated Scott has 10 prior felony convictions.

* Lindsey Hatwan, 43, of Mitchell, admitted violating probation. She was serving probation for possession of a controlled substance (meth), a Class 5 felony. Hatwan was sentenced to five years in prison with five years suspended. She was also ordered to serve two years of probation. According to Hatwan's attorney, Cole Morgan, her violation stemmed from Hatwan relapsing while serving probation. Morgan highlighted Hatwan's progress toward recovery efforts before and after the probation violation. Davison County State's Attorney Jim Miskimins acknowledged Hatwan's progress and didn't recommend a prison sentence. However, Miskimins characterized the violation as a "last chance" for Hatwan to show she's rehabilitated herself from drug use. Judge Giles urged Hatwan to "stay as far away" as possible from a co-defendant who is serving time in prison for possession of meth.

* Kyle Stein, 34, of Wisconsin, pleaded not guilty to first-degree burglary, a Class 2 felony that carries a maximum sentence of 25 years in prison and a $40,000 fine; simple assault (domestic abuse) with intent to cause bodily harm and obstructing a police officer, each a misdemeanor offense. Stein was denied his request for a bond modification. Stein was serving parole at the time of his latest arrest. Davison County Deputy State's Attorney Robert O'Keefe dubbed Stein a "threat to the community" before he recommended against any bond reduction. Stein is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date.

* Brian Mazzoni, 37, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor offense. 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 allegedly in possession of a controlled substance when officers searched him after the incident. He is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date.

* Derek Hoffman, 38, of North Sioux City, pleaded not guilty to a fourth-offense DUI, a Class 5 felony; resisting an officer and driving with a revoked license, each a misdemeanor offense. According to an affidavit, Hoffman allegedly drove through a Mitchell resident's yard with a truck while intoxicated. He allegedly refused sobriety tests after being arrested and acted disorderly to officers, the affidavit says. Hoffman is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date.

* Thomas Barber, 61, of Mitchell, was denied his request for a bond modification. Barber was recently transported to the Davison County jail after allegedly being terminated from a treatment program. Barber is facing a probation violation charge stemming from the alleged treatment program termination. He was serving probation for a third-offense DUI, a Class 6 felony. Barber has been serving probation for a little over a month.

* Andrea Buchholz, 31, of Mitchell, pleaded not guilty to a third-offense simple assault (domestic abuse) charge, 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 (PR bond) on Wednesday with the condition of having no contact with the alleged victim.

* Jeff Heidinger, 60, of Mitchell, denied violating probation. The violation stems from unauthorized ingestion of a controlled substance, a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine; and possession of marijuana in the amount between 2 ounces or less and use or possession of drug paraphernalia, each a misdemeanor charge. An arrest affidavit alleges Heidinger was smoking cannabis in his vehicle parked outside Freedom gas station in Mitchell. He previously pleaded not guilty to the new charges he's facing. Heidinger was denied his request for a bond modification on Wednesday.

* Ervin St. Claire, 48, of Mitchell, was granted a suspended imposition during sentencing for 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. He was ordered to serve two years of probation for the drug possession charge. St. Claire is also facing a felony charge in Minnehaha County.

* Wayde Myers, 29, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. Myers was sentenced to five years in prison with five years suspended. He was also ordered to serve two years of probation.

* David Nicholson, 40, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor offense.

* Joseph Emery, 47, of Mitchell, pleaded not guilty to possession of a controlled substance (meth), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor offense. He is scheduled to face a jury trial in early February unless he changes his plea prior to the trial date.