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The South Dakota Supreme Court unanimously ruled recently that the state can charge juveniles with DUI.
Justice Janine Kern wrote the opinion after appeals made in Pennington and Meade counties.
Three persons under the age of 18 were arrested and charged with DUI between 2018 and 2019.
In each case, the defendant filed a motion to dismiss the charge for a lack of subject matter jurisdiction, arguing they could only be charged under the zero tolerance DUI state statute governing juveniles and their cases could only be heard in juvenile court.
All of the dismissal requests were denied in magistrate court and then in circuit court.
The state submitted that the jurisdiction in magistrate court was proper since a DUI charge is a traffic offense “excluded from the delinquency statues and not listed in the definitions of a (children in need of supervision or CHINS).”
“Despite the appellants’ perceived disharmony among the different avenues that the state may take when charging underage drivers under the zero tolerance or DUI statutes, these arguments involved the wisdom of the legislature’s penal code, which are ‘questions of public policy, not appellate error,” Kern wrote.
She wrote that contrary to the claim that the overlapping statutes cause disharmony, the conclusion upon reading the statutes is that the legislature intended to provide prosecutors with the option of charging juveniles under either statute.
Kern concluded that the appellants failed to support their arguments that the language of the statutes prevents the state from charging them in magistrate court.
“The statutes are clear and unambiguous,” she wrote, noting the state has the discretion to charge juveniles with DUIs in magistrate or juvenile court.
A memorial service for Seymour Studenberg, 71, Gregory was held on March 26 at 11 a.m. at the Congregational Church in Gregory. There was a prayer service on Friday evening at 7 p.m. at the church.
Seymour Don Studenberg was born on June 27, 1950, in Winner, South Dakota to Dr. Joe and Lorraine (Key) Studenberg.
Seymour graduated from Winner High School in 1968 and from the University of South Dakota in 1972 with a degree in business. He was united in marriage on Jan. 25, 1969, to Jonalu (Schwinler). To this union three children were born, Jennifer, Spencer and Joe.
Seymour started his career in sales at JC Penney in Minneapolis, later he moved his family to Sioux Falls to work for Tilton Motor Company which then brought them to Gregory in 1976. After the dealership closed, Seymour was employed by Frontier Motor Company for 20 years and then went to work for Office Products Center in Winner where he worked until just four days before he died.
Seymour was very community oriented and loved Gregory and especially loved the Gregory Gorillas. As an active member of the community for 45 years, he served on various committees including, Gregory City Council, member of the Southern Plains Behavioral Health Services board, Library Board, Gregory School District Board and the Union Congregational Church board. He was also involved in Jaycees, Commercial Club and Gregory Athletics Club.
Over the years, Seymour enjoyed playing slow-pitch softball for the Gregory Gators, coaching Little League baseball, shooting pool with the pool league, boating and fishing, pheasant hunting and caring for their beautiful back yard filled with flowers, a koi fishpond, vegetable garden and grapevines. His love of all sports was always evident; he loved doing “color” for the Gorillas on the radio and at the stadium.
But most of all, he enjoyed entertaining all the grandkids, nieces and nephews of all ages in the swimming pool and attending as many of their activities as possible from grade school basketball & volleyball to college track meets. He was always so proud as he cheered them on and watched them accomplish their goals and he was always ready to fill you in on any stats you needed to know! He was proud to be called Grandpa Seymour, Uncle Stu, Dad and just plain Seymour. He loved life and loved meeting people. If he met you once, he was a friend for life who would always remember your name.
Seymour is survived by his loving wife Jonalu; children Jennifer (Tim) Voigt of Sioux Falls, Spencer (Heather) Studenberg of Pierre and Joe (Nichole) Studenberg of Stacy, MN; grandchildren Dylan, Sam and Aaron (Tianna) Voigt, Hannah Bailey (Justin), Kasyah, Sorrin and Keenan Studenberg, along with bonus grandchildren Ashley, Kirsten and Tristan Korber (Heather’s children); great-grands Elijah and Sebastian Voigt, Gabe and Marcus Buchman; his brother Phil Studenberg (Jody) of Klamath Falls, OR; and many dearly loved “in-laws”.
He was preceded in death by his father and mother along with his stepfather, Fred Nielsen, and half-brothers Riley Barnes, Bob Studenberg, Jack Studenberg and Joe Studenberg.
Beverly Lou Burnham, 94, of Winner, SD passed away on Friday, March 25, 2022 at the Avera Gregory Hospital in Gregory, SD.
Funeral services will be held on Friday, April 1, 2022 at 10:30 a.m. at the Winner United Methodist Church in Winner, SD. Burial will follow in the Winner City Cemetery. Visitation will be held from 6-7 p.m. with a 7 p.m. prayer service on Thursday, March 31, 2022, at the Winner United Methodist Church in Winner, SD.
Beverly was born Feb. 23, 1928, at her home in Royal, Neb. to Frank and Harriet Francisco. She was the youngest of three children. Bev and her brothers played musical instruments and performed locally as they grew up. She graduated from Wayne High School in 1945. Bev and her mom went to college together that fall to get their teacher’s certificate. When in high school, she met the love of her life Robert Burnham from Sholes, Neb. They were married June 6, 1947. She got her first teaching job in Maxwell, Neb. in 1947. In 1948, the couple moved to Millboro, South Dakota and worked for a local rancher. She taught in a rural school from 1948 until 1960. To this union, three children were born Brian, Bonnie, and Bretta. They were very happy on their farm, raising kids and livestock. She was very active in her community and in 4-H, extension clubs and joined Eastern Star in 1972 where she received her 50-year pin in 2022.
In 1974, Robert passed away suddenly, leaving her with three children and a dairy to care for. She won many awards with their dairy. In 1994, they sold the dairy cows. After selling the cows, she dedicated her time to 4-H and Extension where she wrote for many grants for improvements on the fairgrounds. She played piano for the Millboro Church for many years. In her spare time, she started making quilts for all the grandkids. She also loved to embroider, make chocolate chip cookies, and bake the best homemade chocolate cakes. In 2008, she won the Eminent Homemaker of the Year award from SDSU. In 2014, she moved off the family farm into Winner first staying at Lamro Apartments, then Elder Inn, and lastly the nursing home in Gregory where she received wonderful care.
She is survived by her three children Brian and Joan (Hofeldt) Burnham (Winner), Bonnie and Digger Rutten (Colome), Bretta and Brad Watzel (Winner), sister-in-law Nell Burnham (Columbus, NE), sister-in-law Flo Ann Sandahl (Longmont, CO), six grandchildren and 11 great grandchildren, and numerous nieces and nephews.
Wayne E. Pauli, 66 of Sioux Falls, formerly of Madison, South Dakota, died Monday, March 21, 2022 at Ava’s House with his family by his side.
Memorial Mass of Christian Burial was held at 1 p.m. Thursday, March 24, 2022 at Holy Spirit Catholic Church in Sioux Falls. Inurnment took place on Friday, March 25, 2022 at 2 p.m. at Winner City Cemetery, Winner, South Dakota.
Wayne was born on May 9, 1955 to Don W. and Mary Ellen (Lulf) Pauli in Winner, South Dakota. He attended Lone Star Country School in rural Tripp County and graduated from Winner High School in 1973. Wayne received his Bachelor’s Degree from Northern State University, his Master’s Degree from Dakota State University and his PhD from Capella University.
Wayne worked in the banking industry for many years in the upper Midwest (South Dakota, Colorado and Minnesota) serving many locations as bank president. He eventually became a Professor of Information Systems and Cyber Security at Dakota State University, retiring in June of 2021.
Wayne enjoyed time at their lake home on Lake Madison, and hosting family and friends with his wonderful skills behind the grill and smoker. He was a fan of the New York Yankees, enjoyed traveling, golfing, warm weather, and enjoying a sunny day outside. Throughout his life, Wayne was active in Jaycees, Knights of Columbus, Lion’s Club, church council, city council, volunteer fireman, and various community service organizations.
Wayne is survived by his loving wife, Crystal Pauli of Sioux Fall, SD; daughter, Tara (James) Johnson of Sioux Falls, SD; sons, Jeremy (Heather Bieber) Pauli of Phoenix, AZ; Josh (Samantha) Pauli of Sioux Falls, SD; seven grandchildren, Austin and Cade Falor, Elizabeth and Madison Pauli, Destrie (Rachel) Johnson, Dax and Morgan Johnson; four sisters, Donella (Gregg Beam) Pauli, Mondamin, IA; Maureen (Monte) Palecek of Philip, SD; Julie (Chris) Snavely of Winner, SD; Laurie (Jeff) Tarrell of Hot Springs, SD; two sisters-in-law, Tracy (Cal) Swanson of Hamill, SD; Tammy (Riley) Sargent of Winner, SD; family friend, Kitty Little of Winner, SD; numerous nieces, nephews and cousins.
Wayne is preceded in death by his parents, Don W. and Mary Ellen Pauli, sister, Diana Pauli, father-in-law and mother-in-law, Jim and Lorraine Dohmen.
In lieu of flowers, please consider a gift to the Pauli Family Endowment at the DSU Foundation (820 N. Washington Ave. Madison, SD 57042).
(George Boom Funeral Home & On-Site Crematory, Sioux Falls, SD)
Alvin Olson, 86, of Winner, SD passed away on Sunday, March 20, 2022 at the Winner Regional Healthcare Facility. Memorial service was held on Saturday, April 2, 2022 at 11 a.m. at the Mason Funeral Home in Winner, SD. Burial followed in the Winner City Cemetery.
Alvin LeRoy Olson passed away peacefully on March 20, 2022, at the Winner Regional Healthcare facility with family by his side.
Alvin was brought into this world on Nov. 27, 1935 to his mother Stella (Nelson) Olson, and Amiel Olson. Alvin was the second of eight children and attended a local country school south of Winner.
On Sept. 14, 1957, at the Winner Methodist Church, Alvin married the love of his life Arlene (Leighton). From that union two children were born, Alvin Ray Olson and Debbie Lynn Olson (Hoffer).
Olson had a variety of jobs throughout his long life, he began with enlisting in the Army, then graduating with a degree in refrigeration. After Al returned home, he worked for Hanson Seed Company as a laborer until he found his true passion for fixing and repairing cars.For over 50 years he worked for Al’s Bodyshop (Al Meister) and Mike’s Bodyshop (Mike Supik) until 1987 when Alvin and his son, Ray opened Midwest Body Shop and worked there until he decided to retire in 2010.
Alvin had many hobbies, he loved operating his tow truck, racing stock cars with numbers 15 and 3 painted on the side. Watching his son and son-in-law race stock cars around central South Dakota and northern Nebraska. He also enjoyed watching his grandchildren participate in all their activities. Alvin and Arlene loved going on different vacations around the country, as well as going to the local casinos for concerts and cheap meals.
In closing Alvin Leroy Olson was a great son, brother, husband, father, grandfather, and great-grandfather who touched many lives, whether it was rolling up his embroidered work shirt or sitting in a chair sharing a laugh or two.
Alvin is preceded in death by his parents Stella and Amiel Olson, loving wife Arlene, brothers Kenneth, Marvin, Larry, and sister Lorraine.
Those left to remember Alvin include his children, Ray (Sheri) Olson and Debbie (Scott) Hoffer, brothers Donald Olson, Dale Olson, and sister Carol (Bill) Boerner, grandchildren Nikki Long Olson, Ashley Olson, Russell (Sarah) Hoffer, Dustin (Erin McClure) Olson, Craig (Kelli) Hoffer, Sarah (Tim) Novotny, many great-grandchildren, nieces, and nephews.
Wyatt Turnquist of Winner, a member of the Northern State University wrestling team, has been named to the NSIC all academic team of excellence.
To be eligible for the team of excellence a student-athlete must have a 3.60 cumulative grade point average or higher.