Murder trial to begin Monday in Mitchell
MITCHELL – On Monday, Davison County will see its first jury trial for a suspected murderer since 2006.
Donald McDougal, 50, of Mitchell, was accused of murdering his wife, Janie McDougal, then-49, on Sept. 1, 2014. According to court documents, she was strangled with a shoelace.
McDougal pleaded not guilty to first-degree murder on Sept. 23 in the Davison County Public Safety Center. McDougal has also been charged with second-degree murder and first-degree manslaughter in the alternative, to which he also pleaded not guilty.
These alternative counts mean that even if a jury decides there is not sufficient evidence to convict McDougal of first-degree murder, he could still be convicted of one of the lesser charges, but each is punishable by life imprisonment.
Davison County State's Attorney Jim Miskimins, representing the state, and attorney Chris Nipe, representing McDougal, arrived in court Friday to submit final motions before the trial begins Monday with the selection of a jury. McDougal also attended, arriving in the courtroom with chains on his wrists and ankles.
Nipe asked Judge Tim Bjorkman to prevent the state from introducing evidence presented by rebuttal experts, which was not outlined in a report and submitted before the expert rebuttal filing deadline of Oct. 9.
Miskimins resisted the motion, saying preparations before trial is "all theory," and these testimonies help the state to be prepared.
"We don't know what the defense's case is going to be or what evidence they will present to the court. We have to prepare a number of potential responses," Miskimins said. "We should not be limited in the utilization of those expert witnesses in rebuttal."
Because one such testimony was made known orally to Nipe prior to the deadline, Bjorkman allowed the testimony to be submitted. For two other experts, however, Bjorkman said the testimonies would be analyzed to determine if there is good cause and lack of prejudice before allowing them to be used as evidence.
Bjorkman also responded to a request to allow the jury to travel to the scene of the alleged crime.
"In my view, it makes the most sense to reserve ruling on that matter until the jury has heard all the evidence of the state and, perhaps, the evidence of the defendant," Bjorkman said.
Bjorkman said the attorneys should be able to effectively recreate the scene through diagrams, models and photographs, and taking the jurors to the scene could introduce bias or evidence unknown to either party.
"Anytime you're moving 15 people plus court personnel to a place, you risk the jurors being exposed to matters outside the case," Bjorkman said.
Bjorkman said he is disinclined to approve the motion but will "keep an open mind" if it becomes supported by the evidence during the case.
On the day of Janie McDougal's death, a neighbor allegedly heard the couple arguing in their home at 615 S. Main St., Apt. 3, in Mitchell. The neighbor said at about 11:45 p.m., the yelling and banging inside the residence "suddenly stopped and became quiet," according to court documents. McDougal then asked another neighbor to call 911 because his wife was dead, court documents state.
Janie was found unconscious in the couple's apartment and pronounced dead at about midnight on Sept. 2 at Avera Queen of Peace Hospital, court documents state. McDougal was arrested five days later.
First-degree murder is a class A felony with a mandatory penalty, upon conviction, of life imprisonment and the possibility for the death penalty, along with up to a $50,000 fine.
Second-degree murder is a class B felony with a mandatory penalty upon conviction of life imprisonment and up to a $50,000 fine. First-degree manslaughter is a class C felony, punishable upon conviction by up to life in prison and a $50,000 fine.
The last jury trial for an alleged murder in Davison County took place in 2006, when a jury found Kelly Boyer guilty of killing 18-month-old Blaize Perry on Oct. 30, 2004. A coroner determined Perry's death was caused by blunt head trauma and anoxic encephalopathy, or lack of oxygen to the brain.
A court testimony stated Boyer was dating Perry's mother at the time, and a witness reported seeing Boyer wrap the child in a comforter, bend over him and put him "in a crunch position" several times and eventually throw him to the floor.
Boyer was convicted on Jan. 17, 2006, and is serving a life sentence in prison.
McDougal's trial has been scheduled to span two weeks from Nov. 9 to 20, beginning at 9 a.m. each day, with breaks for the weekend and Veteran's Day on Wednesday, in the Davison County Courthouse. All criminal matters are open to the public.
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