Press Releases

MICHAEL LYBARGER RECEIVES SUSPENDED PENITENTIARy SENTENCES

LANCE MICHAEL SMITH SENTENCED FOR CHILL ZONE ROBBERY

HEFFELE SENTENCED FOR SEXUAL CONTACT with a CHILD

MELISSA PIERSON SENTENCED FOR ROBBERY

CYRIL CASTAWAY SENTENCED

MERLYN EAGLEHAWK SENTENCED FOR AGGRAVATED ASSAULT

JOE BRIAN SENTENCED FOR ASSAULTING JAILER

SHANNON WARD SENTENCED FOR AGGRAVATED ASSAULT

DYE SENTENCED TO 75 YEARS

 

MICHAEL LYBARGER RECEIVES SUSPENDED PENITENTIARY SENTENCES

Published 8/18/09

 

Sioux Falls, South Dakota – On April 28, 2009, Michael Lars Lybarger, d.o.b. 03/30/56, of Sioux Falls was found guilty of 2nd Degree Burglary after a jury trial.  The charge stemmed from an August 28, 2008, incident wherein Mr. Lybarger kicked in the back door of a residence in Sioux Falls, Minnehaha County, South Dakota with the intent to commit a theft.  The homeowner was present at the time and Mr. Lybarger fled the scene.  On June 4, 2009, Michael Lybarger entered a plea of guilty to an offense of Driving Under the Influence (Third Offense) from a February 5, 2009, incident.  The two aforementioned felonies were Mr. Lybarger’s 12th and 13th lifetime felonies.  Mr. Lybarger was facing up to 25 years in the South Dakota State Penitentiary for the offenses.

 

The Honorable Bradley Zell sentenced Mr. Lybarger on August 18, 2009.  Mr. Lybarger did not receive an actual penitentiary sentence, but received a twenty-five year suspended penitentiary sentence on the 2nd Degree Burglary conviction.  Mr. Lybarger received credit for the 132 days he has already served in jail and was ordered to attend and successfully complete the Teen Challenge Program in Brookings, South Dakota, which generally takes about 16 months to complete. Mr. Lybarger was placed on supervised probation for ten years.  Mr. Lybarger received a two year suspended penitentiary sentence for the Third Offense DUI and was also placed on supervised probation for ten years on that offense.

 

LANCE MICHAEL SMITH SENTENCED FOR CHIlL ZONE ROBBERY

Published 8/7/09

 

Sioux Falls, South Dakota – On August 7, 2009, Circuit Court Judge Joseph Neiles sentenced Lance Michael Smith, age 25, of Omaha, Nebraska, to 25 years in the Penitentiary for the First Degree Robbery at the Chill Zone Restaurant in Hartford, SD on June 9, 2098.

 

Smith had robbed the waitress and two customers of money, cell phones and a car at gun point.  Smith had made the three female victims stay in a walk in cooler before he made his getaway.  Law enforcement officers from both the Minnehaha and McCook County Sheriffs’ Departments contributed to the investigation and apprehension of Smith.

 

Smith is also wanted by Omaha law enforcement authorities for a June 6, 2008, armed robbery there.

 

HEFFELE SENTENCED FOR SEXUAL CONTACT with a CHILD

Published 12/9/08

 

Sioux Falls, South Dakota – Timothy Charles Heffele, dob 4/18/83, Sioux Falls, was sentenced to the maximum term of 15 years in the South Dakota State Penitentiary after pleading guilty to sexual contact with a child under the age of 16 years.  The female child victim was age 4 at the time of the offense, which occurred in the spring of 2008 at defendant's Sioux Falls home.  Defendant will be eligible for parole after serving 7½ years and completing the sex offender specific treatment program at the penitentiary, and will be required to register as a sex offender for the rest of his life.

 

MELISSA PIERSON SENTENCED FOR ROBBERY

Published 10/24/08

 

Sioux Falls, South Dakota – On October 21, 2008 Circuit Court Judge Joseph Neiles sentenced Melissa Marie Pierson, 29 years of age, a Sioux Falls resident, to 12 years in the Penitentiary on the charge of Robbery and 3 consecutive years on the charge of Possession of Controlled Drug were suspended. 

 

Pierson had been charged with using a handgun to rob the Food N’ Fuel store on North Kiwanis Avenue on April 9, 2008 and to rob the Shop N’ Cart store on East l2th Street on January 14, 2008.  She had also been charged with 3 counts of Possession of Controlled Drug based upon police seizure of cocaine, ecstasy and LSD from her home.

 

CYRIL CASTAWAY SENTENCED

Published 10/24/08

 

Sioux Falls, South Dakota – On October 23, 2008 after admitting he violated the probation conditions of his suspended Penitentiary sentence by consuming alcohol, falsely impersonating another and resisting arrest, Cyril Joseph Castaway, age 19, a Sioux Falls resident, was sentenced by Circuit Court Judge Joseph Neiles to serve 12 years in the Penitentiary.

 

Castaway had been convicted of Aggravated Assault and given a suspended sentence on March 31, 2008.  The probation violations occurred in June and August, 2008.

 

MERLYN EAGLEHAWK SENTENCED FOR AGGRAVATED ASSAULT

Published 10/24/08

 

Sioux Falls, South Dakota – On October 22, 2008 Circuit Court Judge Joseph Neiles sentenced Merlyn Kyle Eaglehawk, age 24, a Sioux Falls resident, to serve 12 years in the Penitentiary on a charge of Aggravated Assault.

 

Eaglehawk assaulted the victim by hitting and kicking causing the victim to become unconscious and be hospitalized for several days.  Eaglehawk had two prior non-violent felony convictions.

 

JOE BRIAN SENTENCED FOR ASSAULTING JAILER

Published 10/24/08

 

Sioux Falls, South Dakota – On October 21, 2008 Circuit Court Judge Joseph Neiles found Joseph Abraham Brian, age 29, a Sioux Fails resident, to have violated his probation conditions of his suspended sentences for Assaulting a Law Enforcement Officer and Failure to Appear and sentenced him to 2 years in the Penitentiary.

 

Brian violated his probation conditions by driving while under the influence in August, 2008 and by drinking alcohol again in September, 2008.  Brian had been placed on probation on May 15, 2008.  Brian had two other prior felony convictions.

 

SHANNON WARD SENTENCED FOR AGGRAVATED ASSAULT

Published 10/9/08

 

Sioux Falls, South Dakota – On October 7, 2008 Circuit Court Judge Bradley G. Zell sentenced Shannon Keith Ward, age 40, of Hickory, North Carolina, to serve 15 years in the SD Penitentiary for the felony crime of Aggravated Assault and adjudicated him liable to Sanford Health Systems for $68,000.00 in medical bills incurred by the victim.

 

Ward assaulted his girlfriend, Angela Leigh Stines, on February 25, 2008 at the

Roadway Motel, breaking her jaw in multiple places necessitating several surgeries.  Ward pled guilty to Aggravated Assault on July 28, 2008.

 

The State alleged that Ward was an Habitual Criminal with 8 prior felony convictions in North Carolina.

 

DYE SENTENCED TO 75 YEARS

Published 8/12/08

 

Sioux Falls, South Dakota – Clifforinado Dye Jr, dob 7-21-88, Sioux Falls, was sentenced to 75 years in the South Dakota State Penitentiary for the September 2, 2007 forcible rape of a Sioux Falls woman at her home.  He had earlier pled guilty to the charge and also had admitted to being a habitual offender as a result of two earlier North Carolina felony convictions for theft.

 

Dye will be eligible for parole after serving approximately 56 years when he will be 76 years of age.