For the Record

For the Record Arthur L. Rusch, Presiding: May 23-May 29, 2003

John K. Sealey, 35725 Jetley Park, Vermillion: Driving under influence � 3rd offense, dismissal � recharged; No driver's license, dismissed � motion by prosecutor; Overdriving road conditions, dismissed � motion by prosecutor; Driving under influence � 3rd offense, costs, 18 months penitentiary. Six months penitentiary time is suspended based on the following conditions: 1. Shall pay all fines and costs imposed by this court; 2. Shall make restitution to Clay County for the costs of the blood draw; 3. Shall successfully complete a program of inpatient alcohol treatment and all recommended aftercare.

Robert Taylor, PO Box 144, Gayville: Possession controlled substance, dismissal � recharged; Ingest intoxicant other than alcoholic beverage, dismissed � recharged; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; Possession controlled substance, costs, 2.5 years penitentiary; Ingest intoxicant other than alcoholic beverage, dismissed � motion by prosecutor. Two years and balance of one month is suspended based on the following conditions: 1. On acceptance into an inpatient alcohol and drug treatment program; 2. Shall be under the supervision of court services and shall obey all of their rules, regulations and conditions imposed by them even though they may not be specifically set out by this court; shall work a payment schedule if he has any financial obligation; 3. Shall obey all federal, state, local and municipal laws and be a good law-abiding citizen in all respects; 4. Shall not consume/use/possess any alcohol, controlled drugs or marijuana; shall submit to urine/blood/breath testing at any time requested and shall be responsible for the costs of such tests. May not enter any premises licensed for the sale of alcoholic beverages where the sale of alcoholic beverages is the primary business; 5. Shall be subject to random search and seizure by probation or law officers upon reasonable suspicion a violation occurred; 6. Shall repay all fines and costs imposed by this court; 7. Shall repay this court of all of their court appointed attorney fees; 8. Shall repay the state of South Dakota for costs of prosecution; 9. Unless attending an approved educational or training program he must work regularly at a lawful occupation or job and support all dependents to the best of his ability.; 10. May not own or possess any firearms or destructive devices and may not obtain a permit to carry a concealed weapon; 11. Shall successfully complete an inpatient alcohol and drug treatment program; 12. Shall reside in a half-way house as recommended and complete recommended aftercare program including AA and NA.

May 30-June 5, 2003

Mexico Viejo, Inc., 432 E. Cherry, Vermillion: Give person alcohol ages 18-21 or w/parent, $75 plus costs; Give person alcohol ages 18-21 or w/parent, dismissed � motion by prosecutor.

Robert L. Cook Jr., 32099 Saginaw Ave., Burbank: Speeding on state highway, $35 plus costs.

Robert L. Cook Jr., 32099 Saginaw Ave., Burbank: Municipal speeding, $35 plus costs.

Thomas Bailey, 621 2nd St., Mission: Municipal speeding, $18 plus costs.

Laurie Jo Larson, 45432 Jetley Park Street, Meckling: County speeding, $58 plus costs.

Joel A. Leyden, 32288 279th St., Winner: Speeding on state highway, $55 plus costs.

Tripuravani Boggavarapu, 502 S. Norbeck St., Vermillion: Give person alcohol ages 18-21 or w/parent, $70 plus costs.

Gary D. Marshall, 1719 E. Main St., Vermillion: Speeding on state highway, $35 plus costs.

Jason Wuestewald, 1014 E. 12th St., Yankton: Fail to maintain financial responsibility, dismissed � motion by prosecutor.

Jason Wuestewald, 1014 E. 12th St., Yankton: Seat belt violation, $20 plus costs.

Coyote Convenience, Inc., 116 E. Cherry St., Vermillion: Give person alcohol ages 18-21 or w/parent, $70 plus costs.

Lance McKeown, 208 Court St., Vermillion: Disorderly conduct, $53 plus costs; Fail to obey lawful order, $40 plus costs.

Lindsay Kenton, 936 Cottage Ave., Vermillion: Possession of alcohol by minor, $50 plus costs.

Jack Williams, 418 N. Plum St., Vermillion: Pet ordinance violation, $5 plus costs.

Beau Freese, 1327 E. Cherry St., Vermillion: Failure to yield to traffic at yield sign, $50 plus costs.

Amy Beebe, 1201 E. 21st St., Sioux Falls: Petty theft � 2nd degree � less $100, $70 plus costs.

Marilyn Kay Hofer, 2309 S. Euclid Ave., Sioux Falls: Failure to make proper stop at stop intersection, $50 plus costs.

Glenn Ambrose Ridder, 901 W. Chicory Ln., Sioux Falls: Municipal speeding, $38 plus costs.

Kimberly Bruguier, 5009 SD Hwy. 50, Vermillion: Give person alcohol ages 18-21 or w/parent, $70 plus costs.

Curtis Nelsen, 911 E. Duke, #16, Vermillion: Failure to yield to traffic at yield sign, $50 plus costs.

Katherine Luckinbill, 2311 SD Hwy. 50, Yankton: Municipal speeding, $17 plus costs.

Lori A. Schweitzer, 29691 447th Ave., Irene: Speeding on state highway, $55 plus costs.

Raymond Laroche, 304 Main St., PO Box 304, Walthill, NE: Municipal speeding, $38 plus costs.

Raymond Laroche, 304 Main St., PO Box 304, Walthill, NE: No diver's license, $50 plus costs.

Katherine Wait, 911 E. Duke, #8, Vermillion: Entering property � after notice, $70 plus costs.

Serina M. Blaine, 338 N. Plum, Vermillion: No drivers license, $50 plus costs.

Mary Dell Cody, Presiding, May 30-June 5, 2003

Joseph J. Entenman, 2909 S. St. Charles Ln., Sioux Falls: Driving under influence � 1st offense, dismissal � recharged; Driving under influence � 1st offense, dismissal � reduction; Reckless driving, $350 plus costs.

Justin Allen, 20 Prospect St., Vermillion: Driving under the influence � 1st offense, dismissal � recharged; Attempt to elude police, dismissal � recharged; Driving under influence � 1st offense, $350 plus costs; Attempt to elude police, dismissed � motion by prosecutor.

Gordon C. Arens, 134 Calhoun St., Merrill, IA: Violation protection order stalking/physical injury, $275 plus costs, 30 days jail. Thirty days county jail time is suspended based on the following conditions: 1. No new protection order violations in the next year.

Shane Leslie Benzel, 411 Stanford St., #13, Vermillion: Assault by prisoner in county jail, costs.

Gerit Sjolie, 501 Elm St., Vermillion: Use or possession of drug paraphernalia, costs; *Possession of alcohol by minor, $50 plus costs, *This offense has a previous disposition and may have been previously reported as having been disposed.

Gerit Sjolie, 501 Elm St., Vermillion: Possession two ounces of marijuana or less, dismissed � motion by prosecutor; Ingest intoxicant other than alcoholic beverage, $300 plus costs, two days jail; Possession of alcohol by minor, costs; Use or possession of drug paraphernalia, dismissed � motion by prosecutor.

Amanda Goeden, 1004 Allison St., Vermillion: Possess two ounces of marijuana or less, dismissed � motion by prosecutor; Ingest intoxicant other than alcoholic beverage, $300 plus costs, two days jail; Use or possession of drug paraphernalia, dismissed � motion by prosecutor.

Arthur L. Rusch, Presiding: May 30-June 5, 2003

Gregory A. Marsicola, 530 W. Cedar, Vermillion: Possession controlled substance, dismissal � recharged; Possession two ounces of marijuana or less, dismissal � recharged; Ingest intoxicant other than alcoholic beverage, dismissal � recharged; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; Possession controlled substance, costs, five years penitentiary; Possession two ounces of marijuana or less, dismissed � motion by prosecutor; Ingest intoxicant other than alcoholic beverage, dismissed � motion by prosecutor. Two years penitentiary time is suspended based on the following conditions: 1. Sentence is to be served concurrently with CR: 00-357; 2. Shall take advantage of all drug and alcohol counseling which is available while in prison; 3. Shall be under the supervision of board of pardons an paroles and shall obey all of their rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court; 4. Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 5. Shall not consume/use/possess alcohol, controlled substances or marijuana. Shall submit to urine/breath/blood testing at any time requested by his parole officer and shall be responsible for paying for said tests; 6. Shall be subject to random search and seizure by their parole or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or any parol agreement; 7. Shall pay all fines and costs imposed by this court; 8. Shall repay this county for all of his court appointed attorney fees; 9. Upon his release from prison, he shall obtain a drug and alcohol evaluation and comply with it recommendations for treatment and/or aftercare; 10. Unless attending an approved educational or training program, he must work regularly at a lawful occupation or job and support all dependents to the best of his ability.

Gregory A. Marsicola, 530 W. Cedar, Vermillion: Forgery, costs, three years penitentiary; Forgery, dismissed � motion by prosecutor; Forgery, dismissed � motion by prosecutor. One year penitentiary time is suspended based on the following conditions: 1. Said sentence is to be served concurrently to CR: 00-356; 2. While in prison he shall take advantage of all drug and alcohol counseling that is available; 3. Shall be under supervision of board of pardons and paroles and shall obey all their rules, regulations, and conditions imposed by them even though they may not have been specifically set out by this court; 4. Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 5. Shall not use/consume/possess any alcohol, controlled substances or marijuana an shall submit to urinalysis, breath or blood testing at any time requested to do so by their parole officer and shall be responsible for the costs of that testing; 6. Shall be subject to random search and seizure by their parole or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or and parole agreement; 7. Shall pay all fines and costs imposed by this court; 8. Shall repay this county for all of their court-appointed attorney fees; 9. Upon his release from prison, he shall obtain a drug and alcohol evaluation and comply with its recommendations for treatment and/or aftercare; 10. Unless attending an approved educational or training program, he must work regularly at a lawful occupation or job and support all of their dependents to the best of his ability.

Adam Wells, 901 Watson St., Keystone: Possession controlled substance, dismissal � recharged; Ingest intoxicant other than alcoholic beverage, dismissal � recharged; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; driving with suspended (not revoked) license, dismissed � motion by prosecutor; *Possession controlled substance, costs, 18 months penitentiary; *Ingest intoxicant other than alcoholic beverage, dismissed � motion by prosecutor. *This offense may have been previously reported as having been disposed. Eighteen months penitentiary time is suspended based on the following conditions: 1. Continue his AA/NA program with at least one meeting per week; 2. Shall be under supervision of court services and obey all rules, regulation and conditions imposed by them; 3. Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 4. Shall not consume/use/possess alcohol, controlled drugs/marijuana, submit to breath/blood/urine testing and pay for such tests; 5. Shall be subject to random search and seizure by probation or law enforcement officers upon reasonable suspicion of a violation; 6. Shall pay all fines and costs imposed by this court; Shall repay county for all court-appointed attorney fees; 8. Shall repay the state of South Dakota for drug testing; 9. Unless attending college/vo-tech school, shall work regularly and support all dependents to the best of his ability; 10. Must attend and complete all requirements of the drug treatment and halfway house program at Friendship House beginning 2-19-02; 11. Shall serve 65 days in the Clay Co. jail and be given credit for 60 already served; 12. Should provide proof to the sheriff of his transportation arrangements to Friendship House and keep in constant contact with attorney; 13. Criminal judgement and sentence filed September 21, 2001 and any and all modifications thereto shall remain in full force and effect and the defendant shall continue to be subject to all the terms and conditions therein; 14. Shall successfully complete the terms of his supervision and all of the other terms and provisions of that criminal judgement and sentence filed September 21, 2001 and any and all modifications.

Eric D. Solomon, 216 Brule St., Westfied, IA: Possession controlled substance, dismissal � recharged; Possession of controlled substance, dismissal � recharged; Possession two ounces of marijuana or less, dismissal � recharged; Ingest intoxicant other than alcoholic beverage, not sustained at prelim/grand jury; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; *Possession controlled substance, costs, 10 days jail; Possession controlled substance, dismissed � motion by prosecutor; Possession two ounces of marijuana or less, dismissed � motion by prosecutor, *This offense has a previous disposition and may have been previously reported as having been disposed. Imposition of sentence is suspended based on the following conditions: 1. Placed on probation for three years; 2. Serve 10 days in county jail; 3. Within 30 days of obtaining employment he shall make a contribution to dare; 4. Shall be under the supervision of court services and shall obey all their rules, regulations and all conditions imposed by them even though they may not have been specifically set out by this court. If he has financial obligations under this judgement, he shall work out a payment schedule with their probations officer; 5. Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 6. Shall not use/possess any controlled drugs or substances including marijuana and shall submit urinalysis, breath or blood testing at any time requested to do so by their probation officer and shall be responsible for the costs of that testing; 7. Shall be subject to random search and seizure by their probation or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or of any probation or parole agreement; 8. Shall pay all fines and costs imposed by this court; 9. Shall make restitution to Clay County; 10. Shall repay this county for all their court appointed attorney fees; 11. Shall obtain a drug evaluation and comply with its recommendation for treatment and/or aftercare; 12. Unless attending an approved educational or training program, he must work regularly at a lawful occupation or job and support all of their dependents to the best of their ability.

David Michael Herrera, 411 Adam Apt., Vermillion: Aggravated assault, dismissal � recharged; Aggravated assault, dismissal � recharged; Entering property � after notice, dismissal � recharged; Resisting arrest, dismissal � recharged; Aggravated assault, dismissed � motion by prosecutor; Aggravated assault, dismissed � motion by prosecutor; Resisting arrest, $475 plus costs; Entering or refusing to leave, dismissed � motion by prosecutor; Burglary � 3rd degree, costs, 36 months penitentiary. Three years penitentiary time is suspended based on the following conditions: 1. Shall be under supervision of court services and shall obey all of their rules, regulations and conditions imposed by then even though they may not have been specifically set out by this court. If he has financial obligations under this judgement, he shall work out a payment schedule with their probation officer; 2.Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 3. Shall not consume/use/possess alcohol, controlled substances or marijuana and shall submit to urine/breath/blood testing at any time requested to do so by their probation officer and shall be responsible for the costs of that testing; 4. Shall be subject to random search and seizure by probation or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or on any probation agreement; 5. Shall pay all fines and costs imposed by this court; 6. Shall make restitution to victim and to Clay County for any expenses incurred for medical care or examination that night; 7. Shall repay this county for all of their court appointed attorney fees; 8. Shall obtain drug, alcohol and anger evaluation and comply with recommendations for treatment and/or aftercare; 9. Unless attending an approved education or training program, he must work regularly at a lawful occupation or job and support all dependents to the best of his ability; 10. May not own or possess any firearms or destructive devices and may not obtain a permit to carry a concealed weapon; 11. Shall serve 30 days in the penitentiary.

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