UPDATE: Judge applauds victim in Mitchell case

SIOUX FALLS, S.D. (KELO) — A judge has handed down the same sentence for all six former Mitchell Legion baseball players in the Rapid City rape investigation. 

Presiding Circuit Judge Robert Gusinsky started his sentencing by saying the victim and his family should be applauded for coming forward, not shamed by the community of Mitchell. Gusinsky said he would follow the victim’s wishes that the former players wouldn’t serve jail time.

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KELOLAND’s Tyler Louder, who was in the courtroom Thursday, said the judge announced each of the players will not serve time behind bars. Instead they have to do community service and pay a fine of $1,300.

The Pennington County State’s Attorney’s Office recommended a 10-day jail sentence in its sentencing argument. Major Crimes Senior Deputy Attorney Roxanne Hammond said the video clip played in court was “merely a clip of what happened.” 

In addition to a suspended imposition, all six have to serve three years probation and must be students or have full-time jobs. There is no contact order with the victim and the victim’s family and the six must pay court costs along with the $1,300 fine. 

The judge requested all six write an apology letter to the victim and his family and all must serve 500 hours of community service that is not sports-related. 

The gag order on the case has also been lifted.

In a news release, Hammond her full sentencing argument which included comments about how the case has been challenging and more challenging because of “absolute childishness displayed by nearly every party involved.”

KELOLAND News will have more coverage online and on-air Thursday.

Charges first filed in 2023, plea deals in 2024

In August 2023, the Pennington County State’s Attorney filed charges against six players: Hudson Michael Haley, Landon William Waddell, Peyton Douglas Mandel, Lincoln Charles Bates, Carter Ryan Miller and Karter Marcus Sibson. The players were originally charged with rape.

In June 2024, Bates was the first to accept a plea deal, followed by Miller and Mandel a week later. The final three players, Haley, Waddell and Sibson, also pleaded guilty to one count of accessory to a felony on Monday. In exchange for their pleas, rape charges were dropped for all six former players. 

The players were members of the Mitchell American Legion baseball team when the alleged incident happened during a tournament in Rapid City. The Post 18 Legion team did not have a season this year.

Video of incident played during sentencing

During sentencing Thursday morning in court, the judge heard from the victim and his father.

Prosecutors also showed a video of the crime. In it, you can see the six suspects hold a boy down while they took turns digitally penetrating him. The victim yelled “stop” and “no” as it happened.

Judge Gusinsky said he was upset from one character letter from a former coach who said the victims only came forward due to a lack of playing time. The judge said he was upset “rape was getting justified.”

The judge also said text messages showed parents laughed when told about the incident and the judge said he saw smirks in the courtroom crowd when the video was played on Thursday. 

The judge also said he believes all the players were probably victims at some point and should have stopped it and it shouldn’t be chalked up as a hazing event. 

He stressed he honored the victim’s wishes that the former players not serve jail time or be listed as sex offenders.

Mitchell baseball leader happy with plea agreements

Tim Smith, a media representative and board member for the Mitchell Baseball Association (MBA), told KELOLAND News in July that the organization thought the six players shouldn’t have been charged with rape in the first place.

“We understand the seriousness of the charges but we felt all along that the rape charges were, how should I put it, extreme,” Smith said at the time. “Did the boys do something wrong? Yes. Should they be punished? Yes. Should they have been charged with rape? We felt no in the first place and I think the prosecutor has come to that decision as well and led to the plea agreements that you see now.”