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A felony rape case in Edmunds County, S.D., involving Brent McMahan, formerly of Carrollton, has been dismissed after he entered a guilty plea agreement to a misdemeanor charge of sexual contact without consent.
According to court documents from the Fifth Circuit Court, State’s Attorney Lynda Hento dismissed the felony rape charges against McMahan Friday, June 5 and he pleaded guilty to a class 1 misdemeanor charge of sexual contact without consent that same day.
The document McMahan signed states, “Brent McMahan did engage in sexual contact with another person other than his spouse who, although capable of consenting did not consent to such contact.”
The charges stem from an incident May 4, 2008 in Ipswich, S.D. when McMahan was arrested and later indicted for third-degree rape.
It has been more than a year since McMahan was arrested in Edmunds County, S. D. on rape, a class 2 felony and released on a $10,000 bond.
Since then Hento replaced State’s Attorney Vaughn Beck in the November 2008 election and the case Beck said was a solid case began unraveling.
Sara Rabern, public information officer for the South Dakota Attorney General’s office said that this office had recently gotten the case and will handle it through sentencing on Aug. 25. She was not certain how the attorney general got the case, but that Hento had recused herself from it after the plea bargain was reached.
According to Beck, the penalty on the original indictment was up to 25 years incarceration and up to $50,000 in fines if McMahan had been convicted.
When McMahan is sentenced next month, he could receive up to one year incarceration and a $2,000 fine.
Multiple attempts to contact Hento for comment were unsuccessful.
In the July 5, 2006 edition of The News-Democrat, it was reported that McMahan was acquitted of rape and sodomy of a minor but was convicted of unlawful transaction with a minor and did serve one year in the Carroll County Detention Center.