Davison County felony court for Jan. 28

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

• Allen Thomson, 32, of Mitchell, was sentenced to two years in the state penitentiary for aggravated eluding, a Class 6 felony, with all time suspended. He was also ordered to serve two years of probation, pay a $650 fine, and spend 10 days in the Davison County Jail.
• Arvin Aaberg, 55, of Sioux Falls, was sentenced to 20 years in the state penitentiary, with 12 years suspended, for the unauthorized distribution of methamphetamine. The charge, originally a Class 3 felony, was upgraded to a Class 1 felony due to Aaberg’s status as a habitual offender. He was also ordered to pay a $1,000 fine and received credit for 90 days of time already served.
• Justin Fleury, 41, of Mitchell, requested a court-appointed attorney, and his case was continued for two weeks. Fleury is facing charges of possession of drug paraphernalia, a Class 2 misdemeanor, and possession of a controlled substance (methamphetamine), a Class 5 felony.
• Michone Collins, 64, of Stickney, pleaded not guilty to multiple drug-related charges. These include possession of drug paraphernalia, failure to renew registration during the designated month and smoking or consuming marijuana while operating a vehicle, all Class 2 misdemeanors. Collins is also facing Class 1 misdemeanor charges for possession of two ounces or less of marijuana and first-offense driving under the influence (DUI). Additionally, she faces a Class 6 felony charge for possession of a Schedule III or IV controlled substance. A jury trial is scheduled for June.
• Kai Anderson, 23, of Mitchell, pleaded not guilty to several misdemeanor charges, including open container and possession of drug paraphernalia, both Class 2 misdemeanors, and possession of two ounces or less of marijuana, a Class 1 misdemeanor. Anderson is also facing a Class 5 felony charge for possession of methamphetamine. A jury trial is set for June.
• Anthony Barras, 45, of Bryant, Arkansas, was sentenced to 30 days in the Davison County Jail, with credit for 10 days already served, after pleading guilty to possession of a controlled substance, a Class 5 felony. He was also ordered to pay a $650 fine and granted a suspended imposition of sentence.
• Roger Black Bear, 41, of Mitchell, requested a two-week continuance in his case. Black Bear is facing two counts of simple assault, both Class 1 misdemeanors, and a third offense simple assault charge, a Class 6 felony. According to court documents, Black Bear was staying at a local motel when, while intoxicated, he became upset about a woman being in his room. Black Bear allegedly punched the woman approximately six times in the face. At the time of the incident, Black Bear was on parole and was prohibited from consuming alcohol.
• Santos Ramos Lopez, 38, of Sioux City, Iowa, pleaded not guilty to several charges, including second-offense driving under the influence (DUI), driving with an altered or invalid license, and driving under the influence of a controlled substance, all of which are Class 1 misdemeanors. He also faces a Class 6 felony charge of identity theft. A jury trial is set for June.
• Andrea Buchholz, 32, of Mitchell, appeared in court for a probation violation. The case was postponed for two weeks to allow time for new pending charges to be filed.
• Nickolas Rosenberger, 20, of Pukwana, pleaded not guilty to a second-degree eluding charge, a Class 6 felony. A jury trial has been set for June.
• Markita Roth, 34, of Pierre, pleaded not guilty to multiple drug charges, including possession of drug paraphernalia, a Class 2 misdemeanor, possession of meth, a Class 5 felony, and manufacturing or distribution of meth, a Class 4 felony. The court approved her request for a personal recognizance bond. A jury trial is scheduled for June.
• Dillon Phillips, 19, of Mitchell, had his sentencing delayed until April. Phillips pleaded guilty in November to possession, manufacturing, and distribution of child sexual abuse material, as well as one count of possession of child sexual abuse material, both Class 4 felonies. The court required Phillips to undergo a sexual psychological evaluation before sentencing, which has not yet been completed. Each count carries a minimum one-year sentence and mandates that Phillips register as a sex offender. A request for bond modification was denied, though Judge Giles granted a one-day pass for Phillips to visit his sick father.
• Tyler Phillips, 33, of Mitchell, was sentenced to 10 years in the state penitentiary with all time suspended for possession of methamphetamine while in jail, a Class 4 felony. He was ordered to serve 480 days in the Davison County Jail but was granted a furlough to attend Teen Challenge, a faith-based addiction recovery program in Brookings. Upon successfully completing the program, the remaining jail time will be dismissed.
• Rahsaan Bivens, 26, of Chicago, Illinois, pleaded guilty to possession of a controlled substance, a Class 5 felony. In exchange for his guilty plea, charges of possession of drug paraphernalia, a Class 2 misdemeanor, and possession of less than two ounces of marijuana, a Class 1 misdemeanor, were dismissed. Bivens was sentenced to two years of probation and ordered to pay a $750 fine. He was credited for one day of time already served and was granted a suspended imposition of sentence.
• Wetu Kiyukan, 29, of Mitchell, was sentenced to 10 years in the state penitentiary, with four years of the sentence suspended, for distribution of methamphetamine, a Class 4 felony. She was also ordered to pay a $1,000 fine and received credit for 178 days already served. Judge Chris Giles noted that Kiyukan's substance abuse crossed a line when she began distributing meth.
• Lee Klemenhagen, 52, of Scandia, Minnesota, pleaded guilty to possession of two ounces or less of marijuana, a Class 1 misdemeanor. He was fined $350 and granted a suspended imposition of sentence, with credit for one day already served. As part of a plea agreement, charges of possession of drug paraphernalia, a Class 2 misdemeanor; possession of more than two ounces but less than one-half pound of marijuana, a Class 6 felony; and possession of a controlled substance, a Class 5 felony, were all dismissed.
• Joshua Paulson, 34, of Mitchell, pleaded guilty to a DUI charge for having a blood alcohol concentration of .08% or more, a Class 1 misdemeanor. He was fined $350 and granted a suspended imposition of sentence. As part of a plea agreement, a Class 2 misdemeanor charge for speeding and a first-offense DUI charge, also a Class 1 misdemeanor, were dismissed.
• Jose Luis Alvarez Gonzalez, 22, of Aurora, Colorado, failed to appear in court, leading to the forfeiture of his bond. Gonzalez is accused of being part of a group that attempted to rob an ATM in town. He is facing a charge of attempted grand theft, involving an amount between $5,000 and $100,000, a Class 5 felony.
• Russell Duley, 26, of Mitchell, pleaded not guilty to several misdemeanor charges, including open container, resisting an officer, and careless driving, all classified as Class 2 misdemeanors. He also faces charges of driving with a revoked license and third-offense driving under the influence (DUI), both Class 1 misdemeanors. A jury trial is scheduled for June.
• David Goodwin, 45, of Sioux Falls, denied violating his probation. The case has been continued for two weeks. Goodwin was on probation for a 2023 charge of possession of an unauthorized article in jail.
• Joseph Marr, 31, of Sturgis, admitted to violating his probation. He had been serving probation for possession of a controlled substance. The court re-suspended his five-year prison sentence and discharged Marr from probation.
• Tammy Fischer, 48, of Hot Springs, failed to appear in court for a probation violation charge. She was arrested and is currently being held in jail in another county. Her case has been continued for two weeks.
• Majda Korkutovic, 32, of Letcher, appeared for a status hearing regarding charges she faces, including unauthorized ingestion of a controlled substance, a Class 5 felony, and second-degree burglary, a Class 3 felony. Korkutovic is currently undergoing treatment in Yankton, and the case was continued. According to the court, Korkutovic has made minimal progress in her treatment.
• Barbara Blaine, 50, of Decatur, Illinois, pleaded not guilty to three counts of simple assault against a law enforcement officer, which are classified as Class 6 felonies. The incident occurred when an intoxicated Blaine called for assistance, leading to her transport to the hospital by Mitchell medics, accompanied by a responding officer. At the hospital, Blaine allegedly committed multiple assaults on hospital staff and the officer, including hitting a doctor, slapping a nurse in the face, kicking the officer in the groin and chest while he attempted to prevent her from removing an IV, kicking a nurse in the face, and kicking a doctor in the side. Throughout the incident, Blaine reportedly shouted profanities at the staff. A jury trial has been scheduled for June.
• Isaiah Hampton, 26, of Tacoma, Washington, pleaded not guilty to multiple charges, including committing a felony while carrying a firearm, a Class 2 felony; possession of drug paraphernalia, a Class 2 misdemeanor; two counts of possession of a controlled substance (psilocybin mushrooms and hashish oil), both Class 5 felonies; and two counts of manufacturing/distribution of a controlled substance, Class 4 felonies. A jury trial is scheduled for June.
• Nancy Thurlow, 48, of Mitchell, pleaded not guilty to first-degree petty theft (over $400), a Class 1 misdemeanor, and identity theft, a Class 6 felony. According to court documents, Thurlow used her daughter’s boyfriend’s debit card to make several purchases at Village Bowl and Circle K, totaling $598.88. A jury trial is scheduled for June.
• Stephvon Bailey, 35, of Mitchell, was sentenced to 10 years in prison, with four years suspended, for distributing and possessing drugs within a drug-free zone, a Class 4 felony. Bailey received credit for six days already served and was fined $1,000. According to Assistant Attorney General Katie Mallory, Bailey was involved in a significant criminal operation. Mallory stated that although Bailey claimed to own a food truck business, law enforcement found the truck was rarely moved, as his primary job was selling drugs.