11 charged in last month’s unrest at South Dakota State Penitentiary

SIOUX FALLS, S.D. (Dakota News Now) – South Dakota Attorney General Marty Jackley has announced 11 inmates are facing 18 counts total after unrest at the state penitentiary last March.

Six are facing one count of Intentional Damage to Property, and four are facing one count each of Reckless Burning and Burning Within a Structure Where a Person is Lawfully Confined.

The eleventh individual, Joshua Vortherms, is facing two counts of Aggravated Assault Against a Department of Corrections employee, and two counts of Simple Assault Against a Department of Corrections employee. The aggravated assault charges carry a maximum penalty of 25 years in prison.

Jackley said while last month’s actions by inmates here at the state penitentiary were wrong and against the law, the effort wasn’t coordinated. He said the assault on correctional officers wasn’t connected to any of the fires and damage to prison property, and court documents do list the loss of tablet access for messaging and calls as an issue surrounding the assault.

The unrest doesn’t stem from a lack of staffing, as Jackley said it was all confined to one area.

“At least the assault side of it, I don’t believe that staffing would’ve had any affect on what happened,” Jackley said.

Jackley said while it’s only his role to investigate what happened at the state penitentiary and make charges where needed, the documents do point to the issue over the tablets as a potential catalyst for unrest. But he said regardless, the assault, fires and damage shouldn’t have happened.

“The tablet issue, I think instigated or began the disagreement between the guard and the inmate. That guard had nothing to do with whether or not there would be tablets or not,” Jackley said. “I think the inmate’s frustration is what was, at least his reasoning for why he took certain action, which is unacceptable under the law and as my position as Attorney General, we’re addressing it with these felony charges.”

Jackley said he’s avoided using the word “riot” to explain what happened last month. He said even though fires were lit and inmates were trying to smash a gate, it was confined to one area and correctional officers never let it spread outside of that.

“When you look at the property damage on the gates, with them trying to throw the locker through, the inmates never took over control. The fires were from cell to cell, thrown on a wheelchair. So because there was never control lost, I’ve used the word disturbance.”

Jackley said it was his decision to list all 11 inmates in the complaint, and try them all in the same trial. He said this is because while the effort behind the unrest wasn’t connected, it still all stemmed from the same time.

“At this time, there will be one trial, 11 individuals, and 18 counts,” Jackley said.

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