BROOKINGS – A Volga man accused of distributing and working with others to distribute marijuana in Brookings County for nearly five years has pleaded guilty to two felony counts against him.
David Gascoigne, 46, entered pleas in Brookings County Circuit
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BROOKINGS – A Volga man accused of distributing and working with others to distribute marijuana in Brookings County for nearly five years has pleaded guilty to two felony counts against him.
David Gascoigne, 46, entered pleas in Brookings County Circuit Court on Tuesday to distribution of at least a half-pound but less than a pound of marijuana, and conspiracy to distribute a pound or more of marijuana.
Both are Class 4 felonies, each punishable by up to 10 years in prison and a $20,000 fine. They also carry mandatory minimums of one year in prison apiece.
In exchange for the guilty pleas, all other charges have been dismissed, and the state is recommending a 10-year cap on Gascoigne’s sentence with an additional five years suspended.
Circuit Judge Greg Stoltenburg said this week that he would accept the cap and then agreed to the state’s request to seal the plea offer. Sentencing is scheduled for May 9.
Court documents say the conspiracy charge dates from January 2012 to September 2016, when Gascoigne set up a scheme for receiving approximately 10 pounds of marijuana every month from the West Coast to be sold here. He sold some of the marijuana himself and also arranged for others to sell it here.
The distribution charge says Gascoigne sold marijuana between April and August 2016.
He was arrested last August after selling marijuana to a confidential informant on multiple occasions.
Stoltenburg ordered a pre-sentence investigation, and Gascoigne was ordered held without bond until sentencing next month.
A Volga woman who was living with Gascoigne at the time of his arrest also entered a guilty plea to a drug charge on Tuesday.
Brandi Lamster, 44, pleaded guilty to one count of possession of at least a half-pound but less than a pound of marijuana.
The charge dates back to Aug. 23, 2016, when officers executed a search warrant at the couple’s home and Lamster was present when marijuana was found.
The Class 5 felony has a maximum penalty of five years in prison and a $10,000 fine, but the state is recommending no penitentiary time and that Lamster serve jail time only.
Prosecutor Lindsey Quasney from the South Dakota Attorney General’s Office requested that Lamster’s plea agreement also be sealed and said that Lamster’s and Gascoigne’s plea agreements were not connected.
A pre-sentence investigation was also ordered for Lamster, and she’ll be sentenced on May 9 as well.
Contact Jill Fier at jfier@brookingsregister.com.
