GEAR UP Grand Jury Indictments Come Down

PIERRE, S.D.-  South Dakota Attorney General Marty Jackley announced today the three individuals who were arrested by complaint for their roles in the financial misconduct case surrounding the GEAR UP in March 2016, have each been indicted by a Charles Mix Grand Jury.

The indictments are as follows:

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.

The Preliminary Hearing previously scheduled for April 19, 2016, has now been replace with a scheduled arraignment on all three individuals on May 2, 2016, at 9:30 a.m., at the Charles Mix County Courthouse in Lake Andes, S.D. At the arraignment it is anticipated the defendants will be advised of these charges, the maximum penalties, their rights, and enter a plea of not guilty. These individuals are presumed innocent until such time as proven guilty.

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