BROOKINGS – A Brookings man has been sentenced to five years in prison for aggravated incest.
Dustin Smit, 19, pleaded guilty Aug. 27 to one count of aggravated incest, and two additional counts were dismissed.
Court documents say that between October 2018 and April 2019, Smit knowingly engaged in sexual intercourse with a victim younger than 18 years to whom he was related. He was indicted by a Brookings County grand jury on April 5.
At sentencing in Brookings County Circuit Court Tuesday, defense attorney Jennifer Goldammer said Smit has always been mild mannered and polite around her, has meticulously followed all conditions of his bond, and he has a strong support system. She said she disagreed with an assessment that Smit is a highly intellectual manipulator. “He does struggle,” Goldammer said, noting that her client had a ninth-grade education and no criminal history.
The attorney asked Circuit Judge Greg Stoltenburg to consider placing Smit on extensive probation and not send him to the penitentiary.
Smit then addressed the judge, saying he made a mistake and that he failed those who truly care about him. “I apologize for what I have done. I wish I hadn’t, and I feel guilty about it every day.”
Stoltenburg said he was very concerned about Smit’s empathy for the victim, noting that not once in his statement did he mention her.
“What you did was wrong to that victim. You don’t understand that,” Stoltenburg said, adding that he thought Smit felt guilty only because he got caught.
The judge noted that Smit’s psychosexual evaluation found a moderate to high risk for future sexual offenses. Stoltenburg said his concern was spot-on, calling Smit a risk to the public.
Stoltenburg then sentenced Smit to 12 years in the state penitentiary, with seven of those years suspended.
Smit has to pay $106.50 in fines and court costs, court-appointed attorney fees, and $1,800 in restitution for his psychosexual evaluation. He also has to remain law abiding, follow the rules and regulations of the Board of Pardons and Parole, comply with the sex offender registry, and complete any sex offender counseling and treatment at the discretion of the Board of Pardons and Parole.
Aggravated incest is a Class 3 felony punishable by up to 15 years in prison and a $30,000 fine.
Smit was remanded to the custody of the sheriff’s office for transport to the state penitentiary.
Contact Jill Fier at jfier@brookingsregister.com.
