Pennington County man takes 'advantage of deal' in rape case

RAPID CITY, SD (KOTA) – Damon Mestheth reached a plea agreement with the state today after being charged with second-degree rape in 2023.

RELATED: Pennington County man charged with second-degree rape

Mestheth entered into what the court calls a “benefit of the bargain” agreement, which is when an agreement is beneficial to both the defendant and the state. In this case, Mestheth benefits from lesser charges and a potentially lesser sentence, while the state receives an admission of guilt.

Mestheth pleaded guilty to having sexual contact with a person who is not capable of giving consent. He faces 10 years in prison. The court ordered a psychosexual evaluation for Mestheth before the verdict was announced.

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