Not guilty plea in VFW stabbing

The man accused in the stabbing of another man at the Custer VFW on Sept. 27 has pleaded not guilty to a charge of aggravated assault with a dangerous weapon causing bodily injury.

Leslie Dwane Hanes, 62, of Edgemont appeared in court in Custer on Thursday to be arraigned in front of Seventh Circuit Judge Jane Wipf Pfeifle. Hanes also denied a secondary charge of being an habitual offender with one or two prior felony convictions. 

Assistant Custer County state’s attorney Wendy McGowan told the court Hanes had previously been convicted of possession of a controlled substance in Fall River County. 

Hanes’ attorney Angela Colbath asked the judge for a non-evidentiary motions hearing. Pfeifle granted the request and the hearing was set for Feb. 20. 

According to the Custer County Sheriff’s Office, a man called 911 at 11:44 p.m. on Sept. 27 reporting he had been stabbed. Sheriff Marty Mechaley said it is believed a verbal argument turned into a physical altercation, resulting in the victim being stabbed approximately eight times in the chest, neck and arm. Hanes allegedly fled the scene but was stopped by sheriff’s office deputies and placed under arrest.

An additional charge of attempted second degree murder was dismissed in October following a motion from prosecutors. Hanes is out of jail after posting a $10,000 bond. 

Pfeifle told Hanes that if convicted on the habitual offender charge he could face up to a 25-year prison sentence. 

In another matter before the court on Thursday, a trial date was set for 37-year-old Heath Schmitz who is charged with unauthorized ingestion of a controlled substance in schedules I or II (methamphetamine) and sexual contact with a child under the age of 16. Schmitz also faces charges in both instances of being an habitual offender with three or more prior felony convictions. 

The original complaint on the drug charge dates to Oct. 29, 2018, and the sexual contact charge, which was refiled by indictment last year, is related to incidents that allegedly occurred between Jan. 1 and Oct. 29, 2018. 

A trial date of May 11-13 was set with a pretrial hearing slated for April 23. 

Meanwhile, an Oglala man was set to make a court appearance this week to face multiple charges in connection with his arrest on DUI charges in the early morning hours of Jan. 10. 

Lloyd Littleboy (aka Lloyd Helper), 34, was apprehended by state trooper Andrew Nelson in the parking lot at the Corner Pantry in Hermosa after his car was reportedly parked unoccupied in the middle of Hwy. 40 with the lights off at about 7:30 p.m. Thursday, Jan. 9. 

Later, according to law enforcement reports, another witness called from the scene about five miles east of Hermosa to report that a single man arrived at the black passenger car, got in, started it and drove west toward Hermosa. The caller, who apparently followed the car, reported that the vehicle traveled to the Hermosa convenience store and the driver went inside.

Nelson reported that when he arrived, he found Littleboy sitting in the car outside the store. 

Custer County deputy sheriff Seth Thompson reportedly arrived on scene at the same time, but later left after it appeared Nelson had the situation under control. 

Nelson questioned the suspect, and, after conducting a field sobriety test, began to place Littleboy under arrest for driving under the influence. 

Nelson said Littleboy was compliant at first, but reported that while he was attempting to move Littleboy from the front seat of his patrol car to the back, the man became belligerent and resisted arrest. At that point, Nelson called for backup. 

In the ensuing struggle, during which at one point Nelson received help from a civilian bystander, Nelson said he was spit on, threatened, kicked and received injuries to his hand when it became caught between the suspect and the pavement. Once inside the patrol car, Littleboy also allegedly attempted to kick out the car’s window. 

Another deputy and a highway patrol sergeant arrived and placed Littleboy in a restraining device known as a wrap and carried out a search warrant on the car. He was taken to Pennington County jail. 

Littleboy faces six counts, including simple assault, threatening a law enforcement officer, resisting arrest, intentionally causing contact with bodily fluids or human waste and driving under the influence. 

He was released on a personal recognizance bond pending a court appearance in Custer this week.