Sentencing for one of three USD students convicted of burning down the Pressbox Bar and Grill Sept. 29, 2008, was handed down Friday.
Senior Nate Thomas, 20, of Sioux Falls, was given 90 days in jail and 10 years of probation after a jury found him guilty at a two-day trial Feb. 18 and 19 for reckless burning and exploding, a class 4 felony that carries a maximum punishment of 10 years in prison and a $20,000 fine.
The 90-day jail sentence was scheduled to begin April 23 at 9 a.m. but since Thomas has filed for a stay of execution, all jail time is held until the appeals process is over.
Clay County State’s Attorney Teddi Gertsma said all indications show that Thomas plans to appeal. He has 30 days to file a notice of appeal since his sentencing.
If Thomas files a notice of appeal, the case will be turned over to the South Dakota State Supreme Court, Gertsma said.
If an appeal is unsuccessful Thomas will also be required to pay one-third of $410,000 in restitution, or $136,666.
Gertsma said she will more than likely appeal the restitution amount because she believes a larger financial amount should be awarded since there were other costs that should have been considered by the court.
“You always look at the crime and statute and all the facts that may be
aggravating or mitigating,” Gertsma said about the jury’s decision. “The court is always free to impose whatever sentence is appropriate; (they) thought it was appropriate to go probation and I respect the court’s decision.”
Pressbox owner Chad Grunewaldt, who was on hand for the sentencing, said the amount of imposed restitution doesn’t come close to the cost of the actual damage.
“It’s up to the judge and that’s what he thought was fair,” Grunewaldt said about the sentencing. “Ten years hanging over your head is a long time.”
As for the other two that pled guilty to reckless burning and exploding, Jeremy Broomfield, 20, of Sioux Falls, and James Broomfield, 22, of Vermillion, sentencing will be June 11.
Gertsma said due to court scheduling matters and the Broomfield’s retained lawyer’s schedule, the June 11 sentencing was the earliest available time.
She said she is unsure as to how the court will rule for the two brothers.
“The other two did step forward and take responsibility and agreed to testify at trial,” Gertsma said. “How the court will look at that I’m not sure, I like to think the court will take this into consideration but it’s still the same crime.”
As for Grunewaldt, he said everything for the construction of a new Pressbox is put together and with so much involved, he wants to make sure everything lines up correctly.
“I’m just glad there’s closure to it; the other two boys will go in June,” Grunewaldt said. “It’s nice to be able to move forward.”
Thomas was unable to be reached for comment.
Reach reporter TJ Jerke at Tyler.Jerke@usd.edu.
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