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State v. Hagan9/1/1999
South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Meade County, SD Hon. Scott C. Moses, Judge
Affirmed
Considered on Briefs Feb 24, 1999; Opinion Filed Sep 1, 1999
[ ] Jack Hagan appeals convictions for one count of first-degree burglary, two counts of aggravated assault and three counts of kidnapping. We affirm.
FACTS
[ ] This case arises out of an incident in Black Hawk, South Dakota in November 1995. For reasons that are not clear in the record, Hagan suspected an individual named Pat Peschong had been involved in the theft of some of his property including some methamphetamine, cash and a motorcycle. On the evening of November 5, Hagan had his friend Lori Shoemaker phone Peschong and arrange to meet with him at his residence later that evening. After Shoemaker's call, Hagan went to Peschong's residence accompanied by Shoemaker and a third person named Ralph Bifulco. Both Hagan and Bifulco were carrying guns.
[ ] Peschong and his wife Shelly were at home when Hagan's group arrived. Shoemaker rang the doorbell to a door leading into the attached garage and Peschong went out to answer it. When Peschong opened the door, Hagan knocked him to the garage floor, wrapped a hand around his throat with one hand and held a gun to his chin with the other, all the while screaming obscenities at Peschong and accusing him of stealing his property. Then, Hagan drug Peschong into the dining room, holding him in a headlock and pointing his gun at Peschong's head. He allowed Peschong to calm his wife and then interrogated Peschong in the dining room while Bifulco held Peschong's wife captive in the master bedroom.
[ ] With Shoemaker standing by, Hagan pointed his gun at Peschong's forehead and threatened to kill him if he lied. Peschong cooperated and answered Hagan's questions about the missing property. Eventually, Shoemaker suggested they might have the wrong person and that an individual named Milt Bjornstad could be responsible. Hagan forced Peschong to phone Bjornstad to ask him to come over. After the call, Hagan and his cohorts hid themselves in Peschong's residence. When Bjornstad arrived, Peschong led him into the house to a seat at the dining room table. At that point, Hagan emerged from the darkened living room, gun in hand. Bjornstad reached for a knife and a short struggle followed, ending with Peschong's screams that they had his wife in the bedroom and would kill her if Bjornstad did not cooperate.
[ ] Hagan proceeded to interrogate Bjornstad about his missing property. When Hagan failed to get the answers he wanted he hit Bjornstad across the top of his head with his gun and Bjornstad began bleeding. At that point, Hagan or one of his associates taped Bjornstad's hands together with some duct tape and led him out to the garage where he was forced to lay on the floor on his belly. More duct tape was wrapped around Bjornstad's eyes and feet and Hagan held a knife to his throat, threatening to kill him. A short time later, Hagan placed Bjornstad in the passenger seat of Bjornstad's own vehicle, got into the driver's seat and drove away. Shoemaker and Bifulco followed in Shoemaker's car. Hagan later released Bjornstad who sought medical attention for the injury to his head.
[ ] The foregoing events were revealed during the course of a narcotics investigation in the Black Hawk area and Hagan was later charged with: one count of first degree burglary, three counts of kidnapping, three counts of aggravated assault and one count of possession of a controlled substance. Additionally, a part two habitual offender information was filed alleging Hagan had two prior felony convictions. Ha
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