Release: Guericke Motion to Continue in Gear Up Case Granted

Pat Powers

Guericke Motion to Continue in Gear Up Case Granted

PIERRE, S.D. – Attorney General Marty Jackley confirms that 1st Circuit Court Judge Bruce Anderson has granted Daniel Mark Guericke’s Motion to Continue Jury Trial in the Gear Up case. As noted in the State’s Response to Defendant Guericke’s Motion to Continue Jury Trial,  the State  has opposed the motion on the grounds that  “this matter has been significantly delayed and justice requires a resolution in this matter.” Over the State’s objection, the jury trial that was scheduled to begin on July 9, 2018 has been tentatively been scheduled for October 1-12th, 2018 in Sioux Falls.

The jury trial for Stephanie Hubers will commence on June 25, 2018, in Sioux Falls.

The three defendants were indicted on April 14, 2016, on the following charges:

Daniel Mark Guericke, 58, White Lake, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment in the state penitentiary and/or $4,000 fine, 4 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Stephanie A. Hubers, 43, Geddes, 1 count of grand theft, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 2 counts of grand theft by deception, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 3 alternative counts of receiving stolen property, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine.

Stacy Lee Phelps, 42, Rapid City, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment and/or $4,000 fine, 2 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Below is a link to the State’s Response: https://atg.sd.gov/docs/Gear%20Up%20Response%20to%20Defendant%204.27.2018%20.pdf

 

 

 

 

 

 

 

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7 thoughts on “Release: Guericke Motion to Continue in Gear Up Case Granted”

  1. Jury trials are important for an AG to have experience in. I’m glad that the front runners Russell and Fitzgerald have that experience.

    1. Really? You’re going to run that up the flagpole again? Is Jackley going to personally do these trials? I do think that if you believe everything you shovel in the talkbacks you are a dream juror for the defense!

      1. You can also say that having the management skills to insure that the best trial attorney and support team in the office is properly prepared and ready to go is important experience for an AG to have. Whether the best attorney for the trial is the AG personally or 1 of the many other talented people in the office, you want a leader who can identify the strongest person for the job.

        You don’t make Aaron Rogers the starting power forward for the Caviliers and you don’t make Lebron James the starting QB for the Packers…you have coaches to make sure that your TEAM has the best chance for victory.

        1. This is good for Marty. He’s doing a great job.

          I would like his successor as AG to have done at least a few Criminal Jury Trials prior to being the ATTORNEY General.

          Gear Up and EB-5 are big deals and the AG should know what he’s doing in court.

  2. Although the press release doesn’t make it clear, it appears from the linked state’s response that the Guericke trial and the Stacy Phelps trial are still linked and, in effect, the trial for both defendants has been continued until October.

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