For The Record

Judge Arthur L. Rusch
presiding June 11-17, 2010

   James R. P. Broomfield, 206 N. Plum St., Vermillion: Reckless burning or exploding, Recharged; Reckless burning or exploding, costs, 10 years penitentiary. Imposition of sentence is suspended based on the following conditions: 1. Shall serve 90 days in the Clay County Jail effective 9 a.m. on June 21, 2010. Defendant is eligible for work release. 2. Shall make restitution to CLG, LLC (Chad Grunewaldt) in the sum of $136,666.67 (if the state desires to pursue a larger amount of restitution they may schedule this for hearing). 3. Shall repay the state of South Dakota for costs of prosecution in the sum of $28.05. 4. Shall be under supervision of court services and shall obey all rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court. If he has financial obligations deemed necessary by them, shall execute a wage assignment form. 5. Shall pay all fines, costs and restitution ordered by this court. 6. Shall not consume any alcoholic beverages of any kind, use or possess any controlled drugs or substances including marijuana and shall submit to 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. Unless attending an approved educational or training program he must work regularly at a lawful occupation or job and support all his dependents to the best of his ability. 8 Shall obtain a drug and alcohol evaluation and comply with its recommendations for treatment and/or aftercare. He shall provide a copy of the report so that it can be determined whether he was forthright in what he reported to the evaluator. 9. Shall be subject to random search and seizure by probation or any law enforcement officer upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement.

 Lande Morse, 716 S. Dakota St., Vermillion: Driving under influence – fourth offense, Recharged; Open alcoholic beverage container accessible in vehicle, Dismissed – motion by prosecutor; Seat belt violation, Dismissed – motion by prosecutor; Driving under influence – third offense, costs, six months jail. Two years penitentiary time is suspended based on the following conditions: 1. Shall serve 180 days in the Clay County Jail effective 9 a.m. on June 21, 2010. Upon his release he shall be on the 24/7 program or Scram for an additional period of one year, work release is authorized. 2. Driver's license is revoked for a period of one year. Work release is authorized. 3. Driver's license is revoked for a period from today until one year after his release from incarceration. 4. Shall pay the state of South Dakota for costs of prosecution in the sum of $75. 5. Shall be under the supervision of court services and shall obey all rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court. If he has financial obligations under this judgment, they shall work out a payment schedule with probation officer. 6. Shall obey all federal, state and local or municipal laws and be a good law-abiding citizen in all respects.
7. Shall not consume any alcoholic beverages of any kind or use or possess any controlled drugs or substances including marijuana and shall submit to 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. He may not enter any premises where the sale of alcoholic beverages is their primary business. 8. Shall be subject to random search and seizure by probation or law enforcement officer upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement. 9. Shall pay all fines, costs and restitution ordered by this court. 10. Shall comply with all recommendations from his court services officer alcohol treatment and/or aftercare. 11. 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.

 Andrew Robert Dahl, 2816 S St. Francis Ln., Sioux Falls: Possession controlled substance, $31 plus costs, 10 days jail; Possess two ounces of marijuana or less, Dismissed – motion by prosecutor; Ingest intoxicant other than alcoholic beverage, Dismissed – motion by prosecutor; Use or possession of drug paraphernalia, Dismissed – motion by prosecutor. Imposition of sentence is suspended based on the following conditions: 1. Shall sign a standard probation agreement and obey all the rules and regulations placed upon him by his court services officer. 2. Shall pay prosecution costs of $99 to the Clay County Clerk of Courts to be forwarded to South Dakota Drug Control Fund. 3. Shall pay court costs of $104 to Clay County Clerk of Courts. 4. Shall submit to a random search and seizure of his bodily fluids at the request of his court services officer or any law enforcement officer upon reasonable suspicion that the defendant violated conditions of his probation and at his own expense. 5. Shall voluntarily submit to random search and seizure of his person and property at the request of his officer or any law enforcement officer, upon reasonable suspicion that the defendant violated conditions of his probation and at the own expense of the defendant. 6. Shall submit to urine, blood or breathe test at any time requested by his court services officer and at his own expense. 7. Shall obey all local, state and federal laws and remain on his general good behavior. 8. Shall not possess or consume alcoholic beverages until he reaches the age of 21. 9. Shall not possess or consume controlled drugs, substances or marijuana. 10. Shall obtain a chemical dependency evaluation and comply with all treatment and aftercare recommendations at the discretion of his court services officer. 11. Shall be employed full-time unless enrolled in school full-time during his time on probation. 12. Shall serve ten (10) days in the Clay County Jail with work release privileges. The defendant may serve this jail time in another facility if he makes arrangements to do so at his own expense. Defendant shall schedule his jail time with his court services officer.

   David J. Ferrier, 416 N. Pine St. #331, Vermillion: Possession controlled substance, Recharged; Possess two ounces of marijuana or less, Recharged; Ingest intoxicant other than alcoholic beverage, Recharged; Use or possession of drug paraphernalia, Recharged; Possession controlled substance, $31 plus costs, 10 days jail; Possess two ounces of marijuana or less, Dismissed – motion by prosecutor; Ingest intoxicant  other than alcoholic beverage, Dismissed – motion by prosecutor; Use or possession of drug paraphernalia, Dismissed – motion by prosecutor. Impositions of sentence is suspended based on the following conditions: 1. Shall sign a standard probation agreement and obey all the rules and regulations placed upon him by his court services officer. 2. Shall pay prosecution costs of $105.35 to the Clay County Clerk of Courts to be forwarded to the South Dakota Drug Control Fund. 3. Shall pay court costs of $104. 4. Shall submit to random search and seizure of his bodily fluids at the request of his court services officer or any law enforcement officer, upon reasonable suspicion that the defendant violated conditions of his reasonable suspicion that the defendant violated conditions of his probation and at the expense of the defendant. 5. Shall voluntarily submit to random search and seizure of his person and property at the request of his court services officer or any law enforcement officer upon reasonable suspicion that the defendant violated conditions of his probation and at the expense of the defendant. 6. Shall submit to urine, blood or breathe test at any time requested by court services officer, at the expense of the defendant. 7. Shall obey all local, state and federal laws and remain on his general good behavior. 8. Shall not possess or consume alcoholic beverages until he reaches the age of 21. 9. Shall obtain a chemical dependency evaluation and comply with all treatment and aftercare recommendations. 10. Shall be employed full-time unless enrolled in school full-time during his time on probation. 11. Shall take his medications as prescribed and continue with his care for bi-polar and follow through with recommendations for treatment and medications. 12. Shall serve 10 days in the Clay County Jail, the defendant shall serve this on five separate weekends, starting the first weekend after school starts at USD in fall 2010.

 Michal E. Niemeier, 802 N. Plum St. #128, Vermillion: Under 21 driver, Recharged; Possess two ounces of marijuana or less, Recharged; Ingest intoxicant other than alcoholic beverage, Recharged; Use or possession of drug paraphernalia, Recharged; Possession controlled substance, Recharged; Possession controlled substance, costs, 10 days jail; Possess two ounces of marijuana or less, Dismissed – motion by prosecutor; Ingest intoxicant other than alcoholic beverage, Dismissed – motion by prosecutor; Under 21 driver, Dismissed – motion by prosecutor; Use or possession of drug  paraphernalia, Dismissed – motion by prosecutor. Imposition of sentence is suspended based on the following conditions: 1. Shall sign a standard probation agreement and obey all the rules and regulations placed upon him by his court services officer. 2. Shall pay prosecution costs of $108.75 to the Clay County Clerk of Courts to be forwarded to the South Dakota Drug Control Fund. 3. Shall pay court costs of $104 to the Clay County Clerk of Courts. 4. Shall submit to random search and seizure of his bodily fluids at the request of his court services officer or any law enforcement officer, upon reasonable suspicion that the defendant violated conditions of his probation and at the expense of the defendant. 5. Shall voluntarily submit to random search and seizure of his person and property at the request of his court services officer or any law enforcement officer upon reasonable suspicion that the defendant violated conditions of his probation and at the expense of the defendant. 6. Shall submit to urine, blood or breathe test at any time requested by his court services officer at the expense of the defendant. 7. Shall obey all local, state and federal laws and remain on his general good behavior. 8. Shall not possess or consume controlled drugs, substances or marijuana. 9. Shall continue to comply with any treatment and aftercare recommendations. 10. Shall be employed full-time unless enrolled in school full-time during his time on probation. 11. Shall serve 10 days in the Clay County Jail. The defendant shall schedule his jail time with his court services officer.

   Zuya Thunder Hawk, 3509 Marschall Rd., Shakopee, MN: Vandalism — $500 or more – first degree, Dismissed – motion by prosecutor; Entering or refusing to leave, Not sustained at prelim/grand jury; Vandalism — $100 to $500 – second degree, Recharged; Entering or refusing to leave, Recharged; Intentional causing contact with bodily fluids/human waste, Not sustained at prelim/grand jury; Possession of alcohol by minor, Dismissed – motion by prosecutor; Disorderly conduct, Dismissed – motion by prosecutor; Entering or refusing to leave, $300 plus costs, 30 days jail; Entering or refusing to leave, Dismissed – motion by prosecutor; Vandalism — $100 to $500 – second degree, $300 plus costs, 30 days jail. Thirty days county jail is suspended based on the following conditions: 1. Repay fines, court costs and restitution immediately.

Judge Tami Bern
presiding June 11-17, 2010

 Aristotle Edward Dunham, 2407 W. 5th St., Sioux City, IA: Possess two ounces of marijuana or less, Dismissed – motion by prosecutor; Ingest intoxicant other than alcoholic beverage*, $416 plus costs; Use or possession of drug paraphernalia*, Dismissed – motion by prosecutor. *This offense may have been previously reported as having been disposed.

   Andrew Finzen, 589 Fox Crl., Dakota Dunes: Petty theft – first degree — $100 or more, $300 plus costs, 30 days jail. Thirty days jail is suspended based on the following conditions: 1. No similar offenses in the next 360 days.

 Michael Chamberlain, 304 W. Broadway St., Vermillion: Disorderly conduct, $100 plus costs, 10 days jail. Ten days county jail is suspended based on the following conditions: 1. No use or threatened use of violence in the next year. 2. Enroll in and complete an anger management program with proof of enrollment to provide to the court on July 8, 2010. 3. Get an alcohol evaluation and comply with all recommendations with proof of evaluation on July 8, 2010.

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