![]() This petition arose from an incident in March 2019, when D.S. ![]() was before the court for a new delinquency petition for offenses involving false reporting to authorities and impersonation to deceive law enforcement. Adjudication of the above probation violations occurred in Meade County on May 16, 2019, when D.S. He was charged with violating the terms of his probation for not obeying the rules at home, failing classes at school, not attending court-ordered after school programs, being suspended from school, ignoring curfew, violating house arrest, and breaking windows and other property at his home. was placed on probation for four months with ten days at -2- #29563 JSC suspended and payment of restitution. This incident was adjudicated in Meade County, and D.S. was twelve years of age and living with his mother in Belle Fourche, he stole his mother’s boyfriend’s credit card and spent $700 on Amazon, PlayStation, and two pornography websites. This incident was not D.S.’s first run-in with law enforcement. was charged as a juvenile delinquent with three offenses: Count 1- Possession of a Stolen Motor Vehicle Count 2-Aggravated Eluding and Count 3- Possession of a Pistol by a Minor. was transported to the Juvenile Services Center (JSC) in Rapid City and remained there until September 8, 2020. The juveniles reported that the guns were in the pickup when they stole it. 22 caliber rifle and a loaded 9mm handgun. Deputy Vandewater performed an inventory search on the pickup while waiting for a tow truck and found a loaded. The three juveniles were laughing, joking, and bragging about having stolen the pickup. volunteered that the pickup was stolen, and M.A. Deputy Vandewater had called for reinforcement by this time and, because the pickup had been reported as stolen, performed a high-risk felony traffic stop with the assistance of Deputy Corey Jonas. The pickup ran two more stop signs, cutting off two cars at the last intersection, before turning onto the I-90 on-ramp and driving on the shoulder of the interstate for half a mile before coming to a stop. After the driver ran two stop signs, Deputy Vandewater activated his car’s emergency lights. 1- #29563 Deputy Vandewater pursued and caught up to the pickup. Meade County Deputy Sheriff Jarrod Vandewater first noticed the pickup as he was walking out of the Sturgis Common Cents gas station on Junction Avenue when he saw it strike a curb and then drive away at a high rate of speed. Police stopped the pickup on the interstate, shortly after midnight on September 4, 2020, after pursuing it through the city of Sturgis. and K.A., stole the pickup to go on a joyride to Belle Fourche, South Dakota. was alleged to have stolen since June 2019. stole a Ford F-150 from the area around Canyon Lake in Rapid City, South Dakota. Factual and Procedural Background On September 3, 2020, D.S. appeals this disposition, challenging the circuit court’s findings that there was no viable alternative to DOC commitment and that a DOC commitment was the least restrictive alternative. ![]() had been on probation on four prior occasions for serious offenses, did not abide by the terms of probation and electronic monitoring, and was a risk to the community. be placed with the Department of Corrections (DOC), arguing that D.S. requested a probationary sentence based on the expert’s opinion that he could be treated in the community. The court appointed an expert to conduct a psychological evaluation of D.S. **** CONSIDERED ON BRIEFS OCTOOPINION FILED 02/09/22 #29563 KERN, Justice D.S., a fourteen-year-old male, was adjudicated for possessing a stolen motor vehicle and aggravated eluding. OLESEN of Pennington County Public Defender’s Office Rapid City, South Dakota Attorneys for minor child, D.S., and appellant. TEMPLAR Assistant Attorney General Pierre, South Dakota Attorneys for petitioner and appellee, State of South Dakota. **** APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA **** THE HONORABLE MATTHEW M. 11 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** THE PEOPLE OF THE STATE OF SOUTH DAKOTA IN THE INTEREST OF D.S., Child, and Concerning A.S.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |