Swan sentenced to three years probation

After several continuances, the sentencing hearing for John Swan, 31, of Crossett, Ark. was held this Monday morning, Feb. 23 at the Dickinson County Courthouse. Swan is sentenced to three years probation for his role in a bar fight last April.

Initially, Swan was one of three men accused of murder in the April 4, 2008 altercation outside of Zippers in Milford that took the life of Matthew Thomas Begtrup, 25, of Sioux Falls.

In September, 2008 Swan entered a guilty plea to willful injury of Philip Hassebroek, a friend of Begtrup, the deceased. Willful injury is a class D felony, punishable by up to five years imprisonment and a fine of $750 to $7,500.

At Monday's hearing, Swan's attorney Pamela Wingert and Assistant County Attorney John Martin both asked the judge to go along with the plea agreement, which recommended three years probation for Swan. Both pointed out that Swan was instrumental in a cooperation agreement that helped convict the man who delivered the fatal blow to Begtrup.

"I was originally not inclined to accept the plea agreement," said Judge David Lester, pointing out that Swan's behavior in the April 2008 altercation contributed to the death of Begtrup. Lester said he took several factors into consideration, including the fact that Swan is gainfully employed and has custody of one son and regular visitation with a second son. Lester also noted Swan's help in the cooperation agreement and that Swan had previously been successful on probation when convicted on drug charges.

The pronounced sentence was for a five-year prison term along with a fine and surcharge. The term and fines were suspended, and Swan was placed on three years probation with the Department of Corrective Services. He is also set to pay $2,166.57 to Sanford Health Services as restitution for Hassebroek's medical bills and to undergo a substance abuse evaluation, mental health evaluation and regular random urinalysis.

The other two individuals charged in the incident were Scott Adair, 30, of Crossett, Ark. and Michael Friedrichs, 30, of Forest City.

Adair entered a guilty plea to voluntary manslaughter in September and was sentenced in October to up to 10 years with the Iowa Department of Corrections.

The court file currently shows no plea agreement or trial date for Friedrichs, however his file hints at a new agreement.

"Mr. Friedrichs reached an agreement with the state whereby the pending charges against him will be dismissed upon completion of the Swan and Adair cases," says a bond motion filed in December by Friedrich's Des Moines attorney Dean Stowers.