Foote pleads not guilty
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.