Ex sheriff's deputy pleads guilty to rape of drunk woman

Former Fall River County sheriff deputy Buckly "Buck" McColl plead guilty to a single count of 3rd degree rape in front of Seventh Circuit Court Judge Thomas Trimble in the Cusster County, SD courthouse yesterday. In South Dakota, 3rd degree rape carries a maximum sentence of 25 years or a $50,000 fine. 2rd degree rape is defined as having intercourse with a drunk, drugged, or asleep person, rendering them unable to consent to sex.

Greg Sperlich, McColl's lawyer, said the guilty plea was designed to cap his client's sentence at 5 years. Two other 3rd degree rape charges, as well as counts of perjury and false reporting, were dropped in exchange for the plea.

As part of his guilty plea, Judge Trimble required that McColl give a factual basis for the plea, to which McColl replied, “I had intercourse with (name redacted). She was intoxicated at the time and could not give consent.”

After the plea, Judge Trimble ordered that a pre-sentence investigation be done. A sentencing date has not yet been scheduled, but will take place in Fall River County before Judge A.P. Fuller.

State’s Attorney Jim Sword requested that McColl be remanded to the Fall River County Sheriff, but Trimble said that McColl would be allowed to remain free on bond. Sword then asked that he be required to stay within the boundaries of the Seventh Circuit.

McColl stated that he had to leave the 7th Circuit's boundaries for his work as a trucker. Judge Trimble kept McColl's bond at its current level, stating that “He is here. He entered his plea.”

Sioux Falls man attacks ex-girlfriend

A Sioux Falls, SD man is charged with simple assault, 2nd degree rape, and interference with emergency communications after allegedly trying to rape his ex-girlfriend. David Allen Daugherty, 31 allegedly attacked his 27 year old ex-girlfriend Sunday around 10AM.

Police the victim and the suspect live in different units in the same building. They say 31 year-old David Allen Daugherty was watching for the victim to come outside with her daughter to walk their dog. Neighbor Crystal LaPointe tells us she saw what happened next.

"And she was handing something in and I seen someone grab her arm and then a little bit later, probably not even a minute later she comes running out and runs back into the other apartment, and the guy's right behind her and shuts the door."

At the time, Crystal didn't think much of the whole incident. But a few moments later police and medical aid workers started showing up. Police say Daugherty forced his way into the victim's apartment. When he did that, police tell us she told the three kids in the apartment to go to one bedroom while she and the suspect went to another bedroom.

The victim was able to escape and neighbors called police. Daugherty walked away, and was arrested a short time later for rape.

Not guilty plea in South Dakota campus rape

A former University of South Dakota student pleaded not guilty to a charge of 2nd-degree rape Friday. Zachary Larson, 19, allegedly entered the victim's dorm room and forced himself on her despite the victim's pleas to stop. The incident followed a gathering with other students in their shared dorm. Arrested on his birthday, September 19, USD ordered him off of campus and he is now living with family in Blaine, Minnesota. Larson remains free on $2500 bond, with a no-contact order regarding the victim.

Teddi Gertsma, Clay County District Attorney, said, "Anytime you have victims of rape, it is a serious matter, and we simply want to protect everyone and prosecute to the fullest extent."

Clay County Public Defender Phil Peterson said about his client, "Obviously, a heavy cloud hanging over him, it's a serious allegation, and something he wants to have us defend to the fullest."

Defense, Prosecution Discuss USD Rape Trial