Foote pleads not guilty

Thursday, September 27, 2012

A 22-year-old Spencer man charged with class C felony willful injury, following a Sept. 1 incident, has pleaded not guilty.

Chase Foote entered the plea and demanded his right to a speedy trial via written arraignment on Monday.

Clay County Attorney Mike Houchins said the right to a speedy trial may be waived at a later date. Currently, the case must be tried by Dec. 10, which is 90 days after trial information was filed. A pre-trial hearing is scheduled for 9:30 a.m. on Oct. 8, with a jury trial to follow the next day at the same time.

Public defender J.P. Greer, on Friday, entered a motion to reduce Foote's bond from the initial amount of $25,000, citing several reasons, including "the nature and circumstance of the offense charged."

"According to the statement contained in the minutes of testimony, Jefferson Wilbur (the alleged victim) physically confronted Foote by pushing him in the chest and Foote told him not to touch him and Foote was walking away, but Wilbur pursued him," Greer wrote in the motion.

"There is little, if any, evidence of intent to cause serious injury," Greer continued.

"The defendant is employed and has a job waiting for him, should he be able to post bond," Greer wrote later in the motion.

In a financial affidavit and application for appointed counsel, Foote indicated he had no job and marked N/A when asked about "money you have made in the last 12 months from any source."

Greer's motion also noted Foote's lifetime residence and "strong family ties in the community," his record of appearing at all court dates and a lack of prior felony convictions.

An agreement was reached Wednesday afternoon to reduce bond from $25,000 to $10,000.

Under the agreement, Foote would be required to post 10 percent of the bond amount. The remaining $9,000 must only be paid if Foote fails to appear in court.

As of press time, Foote remained in the Clay County Jail.

"If he is released, he will be on pre-trial supervision with the Third Judicial District Department of Corrections," Houchins said. "Another condition is that he get a substance abuse evaluation and follow through with any recommended treatment and maintain contact with his attorney."

On Tuesday, Houchins filed subpoenas for Lonnie Riley, Krystal Moore, Tim Curry and Tammie Jo Loghry.

The defense has been granted a $2,000 state expense voucher to hire Terry Klooster of Finality Investigating "to conduct background investigations of state witnesses and to locate and interview potential defense witnesses."

Wilbur, the victim of the Sept. 1 incident, remains in a Sioux Falls hospital according to a Caring Bridge page tracking his condition.

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  • Wow I think this is the most information we have had on case. I think "nicely done"!

    -- Posted by acerdj on Thu, Sep 27, 2012, at 5:56 AM
  • Very helpful...hearsay sways opinions and there always is more than meets the eye. Facts are needed.

    -- Posted by windchimes3 on Thu, Sep 27, 2012, at 3:23 PM
  • Jeff is in a coma! He is using life support!!

    -- Posted by yerbuddee on Thu, Sep 27, 2012, at 6:01 PM
  • so the guy said he wasn't employed and was able to get a court appointed free attorney, and now he needs to be freed for his job?? Am I the only person that this doesn't make sense to? And lets say for a minute that this level of harm wasn't intented, does that not mean he shouldn't face the consequences of what ended up happening? if that is the case many people that drive drunk don't intend to crash and kill others but they do so should they also not have the consequences because they didn't intend to do it? what will this kid learn if he gets a slap on the wrist? and who did they get the info from that Jeff was the insigator? as I know it wasn't from Jeff as he still isn't able to speak and state his side of the story. So are they getting it from the person accused and his buddies? I'm hoping they found an unbiased group to get statements from. Even if we pretend that Jeff was the insitigator was this person not able to call the police? were they not able to walk away more than one time? I've been in plenty of situations where I was aggressively confronted but can't say that I wasn't able to ever find a way to handle the situation without it getting to this level.

    -- Posted by AshlyMeyer on Thu, Sep 27, 2012, at 6:59 PM
  • and can someone explain to me what chase's strong family ties to the community has to do with anything? I don't know much about what is or isn't legal so most of what they said isn't making sense to me when I apply only my common sense. maybe I'm totally off my rocker but it just sounds like a bunch of excuses. I'm sure Jeff would like to come home and that his family would like to come home but he doesn't have that option. I'm sure Jeff would like to be able to tell his side of the story but he also doesn't have that option either. I understand it may or may not have been intended to inflict this level of injury to Jeff but what matters to me is that he did indeed inflict this level of injury whether intended or not! Shouldn't that be what matters? I guess this just isn't going to make sense to me..... All I can say is that I pray for Jeff and his family as Jeff struggles to make progress and that I hope that one day Jeff will receive his chance to defend his side of the story as this boy has. It seems they are taking advantage of the fact that the person they are now accusing as being the insigator isn't able to speak up for himself.

    -- Posted by AshlyMeyer on Thu, Sep 27, 2012, at 7:07 PM
  • Usually, having strong family ties means you are not going to be a flight risk... And if you are seen as a flight risk your bond is uaully going to be extremely high to keep you in jail until your court date...

    -- Posted by KJC89 on Sat, Sep 29, 2012, at 11:18 PM
  • Strong family ties? Chase has an almost 5 year old son that he has barely seen since he was born. He doesn't EVER pay child support...some strong family ties he applies. Why would spencer police let this man out of jail? He clearly beat someone into a coma and the man in still layin in a hospital bed. I feel terribly for Jeff and his family. It shouldn't matter Jeff was bugging him first or not, CHASE FOOTE put him in a COMA. Thats not okay! I also love how this article says they let him out to get back to his job...yet he has an application saying he didn't have a job? Chase should have to stay in jail until clay county has BOTH sides of the story. This is completely WRONG! What Jeffs family must be thinking? terrible. And to lower a bond for knowing only one side of the story? Seems to me something like this story happened a few weeks ago and those individuals were charged with murder charges.....I feel until we KNOW both sides Chase should sit in jail....but I guess this is only where a person can leave their..." Opinions" huh?

    -- Posted by spencermom on Sun, Sep 30, 2012, at 3:55 PM
  • The police do not let people out of jail. The court system...judges and juries let people out of jail.

    -- Posted by a-thought-or-two on Mon, Oct 1, 2012, at 10:13 AM
  • Just wondering...the paper has been full of mugshots recently, but none on this case. Reasoning?

    -- Posted by my2cents2 on Mon, Oct 1, 2012, at 8:51 PM
  • Did this happen at the Grand Tap?

    -- Posted by brian48 on Tue, Oct 9, 2012, at 4:21 AM
  • BONDED OUT???!!!! REALLY??!! "STRONG FAMILY TIES"?? ARE YOU KIDDING ME??? Yeah, strong family ties into the drug community there!! ALWAYS has been, ALWAYS will be. Just shows ppl like me that vacated the area YEARS ago due to the drugs and CORRUPT officials leading that community---that NOTHING HAS CHANGED THERE!!! Krukow on the job? LMAO!! He was corrupt back then and from what I hear, he remains so to this day. A Foote family friend, no less. Will Jeff EVER get the JUSTICE he and his family DESERVE???? I DOUBT IT.


    -- Posted by forjeff on Tue, Nov 27, 2012, at 8:11 AM
  • O WAIT!! I KNOW! I KNOW!! Bonded out so he can use his "close family ties" to FLEE THE AREA!!! There we go---now THAT makes sense. :(

    -- Posted by forjeff on Tue, Nov 27, 2012, at 8:17 AM
  • P.S.....anyone else found ALL THE OTHER TIMES Chase Foote is in the "Sirens" section??? From not taking care of his dogs to under-age, yeah----GET A CLUE!!!!!

    -- Posted by forjeff on Tue, Nov 27, 2012, at 8:46 AM
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