Reed Bender seeks jury trial for trespassing charge stemming from Mitchell School Board mask incident

MITCHELL — A Mitchell man who was charged with trespassing on educate grounds after refusing to wear a mask during a Mitchell school board meet is seeking a jury trial. During Monday ’ s status hearing, Reed Bender ’ s lawyer, R. Shawn Tornow, indicated Bender — who had another charge that stemmed from the Sept. 14, 2020, school dining table touch dismissed — is pursuing a jury test for trespassing alternatively of a court test. If the case goes to a jury test, a 12-person jury made up of Davison County residents will ultimately decide the verdict on Bender. It would besides mark the second jury trial Bender would face for charges related to the Sept. 14, 2020, school board meeting. For a court trial, the evaluator preside over the shell would make the verdict on the trespassing tear, which is a class 2 misdemeanor that carries a maximum sentence of 30 days in imprison and a $ 500 finely if convicted. A newly assigned evaluator, Kasey Sorensen, presided over Bender ’ s hearing on Monday through a live video call. While Davison County Judge Donna Bucher has been presiding over the case, including Bender ’ s previous obstruction against a police officer charge that resulted in a hang jury, for over a class, Bender, 40, requested a raw judge to be assigned for the remainder of the sin encase.

Tornow declined to comment Monday as to why Bender requested a newly judge .

Although Davison County State ’ s Attorney Jim Miskimins agreed to dismiss Bender ’ s obstruction charge that stemmed from a shuffle between Bender and a pair of Mitchell police officers during the Sept. 14, 2020, school board meet, he filed a new condemnable consign against Bender in November 2021. anterior to Miskimins agreeing to dismiss the obstacle charge, a three-day jury trial was held for the course 1 misdemeanor offense. After three days of debate, a Davison County jury could not reach a consentaneous verdict on Bender ’ s obstruction agitate, resulting in a hang jury. Miskimins was pursuing a retrial for the obstruction crime, but the late judgment of dismissal put the lawsuit to rest. In Bender ‘s latest trespassing charge that he ’ south seeking another jury trial, Miskimins alleges that at the Sept. 14, 2020, school board meet Bender “ defied an orderliness to leave personally communicated to him by the owner of the premises or by any early authoritative person. ”

When officers were called to MHS to address Bender refusing to comply with the school ’ s mask mandate that was in effect at the time of the circuit board meeting, a brief shuffle ensued. Video footage of the incident shows Bender refusing to leave the educate board meet, and telling officers “ You ’ re going to have to drag me out. ” The recent trespassing charge Bender was indicted on was reduced to a course 2 misdemeanor during a Dec. 16 hear when Bender ’ s obstacle charge was dismissed. initially, Bender was facing a course 1 misdemeanor for the trespassing tear, which carried a maximum conviction of one year in prison and a $ 2,000 fine. At the following February hearing, Judge Sorensen could set a trial date for the trespassing charge. Tornow requested discovery items that could be used in trial by the pursuance team be submitted within the agreed upon timeline, which he noted was an emergence in the previous test .

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