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Sexual contact conviction yields jail time, deportation [American News, Aberdeen, S.D.](Aberdeen American News (SD) Via Acquire Media NewsEdge) Nov. 08--An Aberdeen man pleaded guilty this week to a felony count of indirect sexual contact with a minor. A 10-year prison term for Fabian Garcia Cruz, 23, was suspended, though he must spend 45 days in jail. The conviction will result in his being deported to Mexico, according to court paperwork. He must also spend 10 years on probation and follow any recommendations resulting from a psychosexual evaluation. If he returns to the U.S. during his 10-year probation period, he could be sent to prison for 20 years, according to court paperwork. Between Aug. 1, 2013, and May 19, 2014, Cruz admitted he ran his hand over the genitalia of the victim on the outside of the victim's clothing, according to court documents. The victim was 7, and the act was for the purpose of sexual gratification, according to the paperwork. In other court news -- Dalton V. Meno, 24, of Aberdeen pleaded guilty to a felony burglary charge. According to court paperwork, on Aug. 1 he stole laptop computers, a video game console and games, a camera, a tablet, movies, an external hard drive and food from a residence in the 700 block of North Jay Street. He was sentenced to eight years in prison with four and a half years suspended and given credit for 86 days served. He must serve 60 percent of his sentence before he's eligible for parole and must pay a $104 fine. -- Brian J. Lee, 20, of Aberdeen was sentenced to eight years in prison with five suspended after admitting he violated the terms of his probation. He was on probation because of a previous felony aiding, abetting or advising intentional damage to property charge. According to court paperwork, that charge stems from his breaking the rear windows of two vehicles and ripping a sink from its wall case at Manor Park in August. According to court paperwork, he broke probation rules by being arrested for simple assault in August. Lee must take corrective thinking classes and pay any outstanding fines and fees. He was given credit for 80 days served. -- Nashay M. Wurtz, 26, of Aberdeen was sentenced to two years in prison with one year suspended after pleading guilty to a third drunken driving charge in a 10-year span, a felony. She must also pay a $104 fine and $305 in testing costs. She was given credit for 79 days served. In exchange for her guilty plea, other charges were dismissed, including a felony count of ingesting methamphetamine. -- Cody L. Wilkie, 24, of Tea pleaded guilty to felony illegal possession of drugs, sentenced 60 months in prison with 44 days suspended, $104 fine; pleaded guilty to misdemeanor drunken driving, 30 days in jail concurrent with felony sentence, $669 fine; related charge dismissed. -- In Walworth County, Nichole M. Welch, 24, of Mobridge pleaded guilty to felony assault by an adult in jail, sentenced to 60 days in jail, fined $1,104, granted suspended imposition of sentence, related charges dismissed. -- In Walworth County, Timothy A. James, 37, of Gettysburg pleaded guilty to felony illegal ingestion of drugs, sentenced to two years in prison, fined $104, related charge dismissed. -- In Day County, Elijah A. Buckelk, 35, of Waubay pleaded guilty to felony domestic aggravated assault by choking, 10-year prison term suspended, 60 days in jail, five years probation, chemical dependency evaluation, related charges dismissed. -- In Day County, Lee J. Schmidt, 27, of Grenville pleaded guilty to felony aggravated eluding, sentenced to two years in prison with six months suspended, fined $232, restitution of $836, related charges dismissed. -- In Day County, Kendale W. Berndt, 25, of Groton pleaded guilty to a misdemeanor count of hunting turkey without a license, 30-day jail term suspended, six months probation, hunting privileges revoked for a year, $266 fine, related charges dismissed. -- In Day County, Timothy W. Berndt, 57, of Groton pleaded guilty to a misdemeanor count of hunting turkey without a license, 30-day jail term suspended, six month suspended, hunting privileges revoked for one year, $266 fine, related charges dismissed. Follow @ScottReports on Twitter. ___ (c)2014 the American News (Aberdeen, S.D.) Visit the American News (Aberdeen, S.D.) at www.aberdeennews.com Distributed by MCT Information Services |