McMahan indicted in South Dakota rape case

By SHARON GRAVES

The News-Democrat

An Edmunds County, S.D., grand jury returned with an indictment of a Carrollton man before the prosecutor in the case had time to return to the court room with his cup of coffee.

Edmunds County State’s Attorney Vaughn Beck said the grand jury indicted Brent McMahan August 15 on one charge of third-degree rape minutes after he finished presenting his case.

McMahan allegedly raped a woman during the week of May 3 in Ipswich, SD; he was arrested for the crime on May 7, Beck said. In South Dakota, third-degree rape is a Class 2 felony that brings a maximum of 25 years in prison and up to a $50,000 fine. Beck said investigators believe the victim was drugged during the alleged incident, but prosecutors will be unable to prove that.

McMahan is scheduled to appear in Edmunds County Circuit Court for a preliminary hearing Oct. 14.

Carroll County

conviction in 2006

In 2006, McMahan was convicted in Carroll County of third-degree unlawful transaction with a minor and served a year in jail for that crime.

In the local case, which occurred Dec. 16-17, 2005, McMahan had hosted a party for his teen-age son and his son’s friends. During the investigation, McMahan admitted to police that he had provided alcohol to minors during the party.

In a report in the Jan. 11, 2006, issue of The News-Democrat, Carrollton police said McMahan not only provided alcohol to minors, but also was aware of illegal drug used at the party.

“Records show McMahon gave the victim wine and was aware she was under the influence of illegal drugs when he had intercourse with her,” the paper reported. KSP reported at that time that the victim, who was 16 at the time, was unconscious during the initial part of the attack and was ‘mentally incapacitated’ by an intoxicating substance, therefore unable to give consent.”

Jurors deliberated for three hours in the subsequent trial; McMahan was acquitted of rape and sodomy charges, but was convicted on the lesser charge of unlawful transaction with a minor.

By SHARON GRAVES

The News-Democrat

An Edmunds County, S.D., grand jury returned with an indictment of a Carrollton man before the prosecutor in the case had time to return to the court room with his cup of coffee.

Edmunds County State's Attorney Vaughn Beck said the grand jury indicted Brent McMahan August 15 on one charge of third-degree rape minutes after he finished presenting his case.

McMahan allegedly raped a woman during the week of May 3 in Ipswich, SD; he was arrested for the crime on May 7, Beck said. In South Dakota, third-degree rape is a Class 2 felony that brings a maximum of 25 years in prison and up to a $50,000 fine. Beck said investigators believe the victim was drugged during the alleged incident, but prosecutors will be unable to prove that.

McMahan is scheduled to appear in Edmunds County Circuit Court for a preliminary hearing Oct. 14.

In 2006, McMahan was convicted in Carroll County of third-degree unlawful transaction with a minor and served a year in jail for that crime. In the local case, which occurred Dec. 16-17, 2005, McMahan had hosted a party for his teen-age son and his son's friends. During the investigation, McMahan admitted to police that he had provided alcohol to minors during the party.

In a report in the Jan. 11, 2006, issue of The News-Democrat, Carrollton police said McMahan not only provided alcohol to minors, but also was aware of illegal drug use at the party.

“Records show McMahon gave the victim wine and was aware she was under the influence of illegal drugs when he had intercourse with her,” the paper reported. KSP reported at that time that the victim, who was 16 at the time, was unconscious during the initial part of the attack and was 'mentally incapacitated' by an intoxicating substance, therefore unable to give consent.”

Jurors deliberated for three hours in the subsequent trial; McMahan was acquitted of rape and sodomy charges, but was convicted on the lesser charge of unlawful transaction with a minor.