Two Guatemalan men living in the country illegally have been sentenced to seven years in the South Dakota state penitentiary . Authorities arrested the pair last month, after they sold crystal methamphetamine to an undercover agent in the local Walmart parking lot.
Edwin Hernandez, 29, of Elkton, and Elman Ramirez-Donis , 20, of Estelline, each pleaded guilty to two felony charges in Brookings County Circuit Court: that they distributed crystal meth in the Walmart parking lot on Sept. 9; and that doing so was within 500 feet of the store's arcade, which is a drug-free zone.
Circuit Judge Vincent Foley on Tuesday gave the defendants identical sentences: five years in prison for distributing the meth, and seven years (to be served concurrently to the other five) for violating the drug-free zone.
State's Attorney Clyde Calhoon said that on Sept. 9, both men sold drugs to an agent with the Minnesota Bureau of Criminal Apprehension, who was investigating the pair in cooperation with the Brookings Police Department and the South Dakota Division of Criminal Investigation.
The undercover agent had prior contact with the pair and arranged to purchase 7.6 ounces of crystal meth for $12,000, Calhoon said. Before the suspects could leave the parking lot, they were both apprehended, with the money and the drugs recovered.
In exchange for their guilty pleas, Calhoon dropped all other charges against the men. Both were accused of distributing crystal meth on Aug. 17 in the Guadalajara parking lot, within 1,000 feet of Hillcrest Park, and Ramirez-Donis was also accused of distributing methamphetamine on Sept. 2 in the Walmart parking lot, within 500 feet of the store's arcade.
Calhoon also agreed to recommend the mandatory minimum sentence for each: one year for distributing methamphetamine and five years for violating a drug-free zone, with the prison terms to run consecutively .
Before sentencing this week, attorneys for both the defendants asked Foley to consider ordering less than the mandatory minimum prison time.
Defense attorney Tim Hogan said Ramirez-Donis is a hardworking young man who has a daughter and eventually became the sole wage earner for a household of nine. He got in over his head and was looking for an easy way out.
Hogan said sending Ramirez-Donis back to Guatemala in less than six years would save the State of South Dakota money.
Attroney Susan Brugger said Hernandez was humiliated by his own actions. While "he was more or less along for the ride" and had no part in arranging the drug sale, he's accepted responsibility for his participation , she said.
With the help of a translator, both men apologized for their actions. Foley said there were no mitigating circumstances to warrant a sentence less than the minimum mandatory prison time.
The judge said he believed the men were sorry for what they had done, but giving the pair less than the required prison time because they are illegal immigrants would send the wrong message to others.
Foley told Ramirez-Donis , "You brought poison that kills into this community so that someone else's little girl could use it."
To Hernandez, he added, "Your culpability may not be as serious, but you were part of an enterprise that brought poison to our community."
Both Hernandez and Ramirez-Donis also must pay back court costs, court-appointed attorney fees, and restitution for drug tests.
Contact Jill Fier at jfier@brookingsregister .com.