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Davison County Misdemeanor Court Cases Set for July 16
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Davison County Misdemeanor Court Cases Set for July 16

July 19 — MITCHELL — The following were among the cases heard Tuesday, July 16, during a court hearing at the Davison County Public Safety Center, with Judge Chris Giles presiding:

* Clyde Connell, 69, of Mitchell, was sentenced to five years in prison with two years suspended for possession of a narcotic drug (meth), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine. On a separate charge of unlawful taking of a narcotic drug (meth), a Class 5 felony, Connell was sentenced to five years in prison with two years suspended. Davison County Deputy District Attorney Robert O’Keefe recommended the maximum prison term. O’Keefe pointed to Connell’s repeated probation violations as a significant factor in recommending a prison sentence.

* Maikon Cruz Zuniga, 21, of Mitchell, was scheduled for a jury trial on charges of first-degree rape of a victim under 13, a Class C felony that carries a maximum sentence of life in prison and a $50,000 fine; and sexual contact with a victim under 16, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. Cruz Zuniga previously pleaded not guilty to the charges. According to an arrest affidavit, the female victim, who is described as disabled, reported to authorities that a family member, identified as Cruz Zuniga, had allegedly sodomized her and had sexual contact with her at a relative’s home in Mitchell.

* Wade Myers, 29, of Mitchell, denied violating his probation. He is on probation for possession of a controlled substance (meth), a Class 5 felony. Myers was released from the James Valley Drug Court program.

* William Pomeroy, 34, of Sioux Falls, had his bail reduced to $5,000. Pomeroy is charged with possession of a controlled substance (meth), a Class 5 felony; and petit larceny, a misdemeanor. An affidavit alleges that Pomeroy stole from two retailers.

* Cleveland Skunk, 32, of Mitchell, failed to appear in court on charges of third offense (domestic violence); simple assault, a Class 6 felony; and simple assault, a misdemeanor. An arrest warrant was issued for Skunk. According to an affidavit, Skunk allegedly tackled a victim and punched her in the face.

* Nolan Blackmoon-Aungie, 26, of Mitchell, pleaded guilty to third-offense Driving Under the Influence (DUI), a Class 6 felony carrying a maximum penalty of two years in prison and a $4,000 fine. He is expected to be sentenced in September.

* Anthony Wermers, 25, of Mitchell, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. A preliminary investigation report was ordered to be prepared prior to his upcoming sentencing hearing.

* Kelly Brozik, 34, of Mitchell, pleaded guilty to simple assault, a misdemeanor. Brozik was originally charged with child abuse, a Class 4 felony. She pleaded guilty to the simple assault charge as part of a plea agreement. Brozik was ordered to maintain good behavior for a year and pay fines.

* Dymen Garcia, 27, of Mitchell, pleaded guilty to residing in a safe zone as a registered sex offender, a Class 6 felony; and possession of marijuana with intent to distribute 1 ounce or less, a Class 6 felony. He was sentenced to 30 days in jail for possession of marijuana with intent to distribute, which is the mandatory minimum sentence. Garcia was sentenced to two years in prison with two years suspended for the safe zone violation. He was given a combined four years of probation for the two charges. According to District Attorney O’Keefe, officers searched Garcia’s backpack and discovered more than a dozen bags of marijuana that were intended for Garcia to sell.

* Roberto Orellana, 44, of Omaha, Nebraska, had a felony charge of aggravated robbery dropped after prosecutors learned that Orellana had recently been charged in federal court with more serious charges related to a casino robbery in northeastern South Dakota. Orellana, who is being held in the Davison County Jail, is awaiting transfer to federal authorities. According to a criminal complaint, Orellana allegedly stole $350,000 from the Grand River Casino in Corson County. According to court documents, Orellana claimed to be a representative of a fine collection company that was conducting an audit of the casino. Orellana asked a casino cage employee to pay $350,000 to “avoid further fines.” The casino employee received a text message that he believed was from his boss, instructing the casino employee to wire the money to a Bitcoin machine in Aberdeen. En route to Aberdeen, the casino employee received another text message directing him to Mitchell. The text from the casino employee told Mitchell to make an appointment with a “supposed attorney” representing the casino, according to court records. The casino employee gave Orellana the $350,000 at a gas station in Mitchell, which authorities watched on surveillance cameras.

* Donald Hall, 60, of Loomis, pleaded guilty to possession of a controlled substance (meth), a Class 5 felony. Hall was initially charged with first-degree arson, a Class 2 felony that carries a maximum sentence of 12 years in prison and a $50,000 fine. According to an arrest affidavit, authorities responded to a report alleging that Hall had poured “lighter fluid” into a Loomis resident’s home with the intent to “set it on fire.” After authorities arrested Hall, meth was found in his vehicle. Since his arrest, Hall has successfully completed more than four months of drug treatment. He is enrolled in a long-term treatment program through the Veterans Affairs Office. Hall is a war veteran.

* Franklin Vermillion, 47, of Mitchell, pleaded guilty to failure to provide accurate information as a registered sex offender, a Class 5 felony. Vermillion was sentenced to five years in prison, with five years suspended. Vermillion received a reduced sentence by serving 16 days in jail. He will remain under parole supervision.

* Victor Walker, 23, of Mitchell, pleaded guilty to failure to re-register as a sex offender, a Class 6 felony. Walker is expected to be sentenced July 30.

* Justine Keegel, 29, of Platte, South Dakota, was given a two-week suspended sentence. She is charged with possession of a controlled substance (meth), a Class 5 felony; and use or possession of drug paraphernalia, a misdemeanor.

* Zachary Chouinard, 25, of Mitchell, pleaded not guilty to aggravated assault with a deadly weapon, a Class 3 felony that carries a maximum prison sentence of 15 years and a $30,000 fine. According to an arrest affidavit, Chouinard pulled a knife while arguing with a victim.

* Phillip St. John, 25, of Mitchell, pleaded not guilty to third offense, a Class 6 felony; and (domestic violence) simple assault, a misdemeanor. Davison County Deputy District Attorney O’Keefe recommended no bail changes because he feared St. John could pose a flight risk by fleeing the scene of a crime. According to an arrest affidavit, St. John grabbed a victim by the neck during an argument over viewing pornography.

* Madeline Janis, 48, of Mitchell, had her probation suspended for two weeks. She faces third-offense charges of driving under the influence, a Class 6 felony; driving on a suspended license, a violation; and having an open container of alcohol, a misdemeanor.

* Alfred Walters, 37, of Mitchell, denied violating his probation. Walters was given a personal recognizance (PR) bond with the condition that he submit to twice-weekly drug testing.