CUSTER COUNTY—Following four serious charges (terroristic threats, kidnapping, criminal mischief, and domestic assault) a jury found John L. Stewart, 37, guilty of criminal mischief and domestic assault. After hearing testimonies and reviewing evidence, the jury classified both counts as class one misdemeanors earlier this fall.
In District Court on Thursday morning, State prosecutor Mark Eurek asked Judge Karin Noakes for maximum jail time and post release supervision stating that Stewart’s behavior was “negative and dangerous.”
Stewart’s attorney Mark Porto told the judge he believes Stewart needs structure and that his time would be better spent in intervention programs under supervised probation. Stewart told the court he was sorry for his actions. After consideration, Judge Noakes stated she believes the “motivation for the violence is disturbing,” regarding the damage done to KaDee Stewart’s vehicle and the domestic assault, both of which Johnny had previously admitted to.
Judge Noakes sentenced Johnny to one year incarceration for each count, to be served consecutively, plus court costs and credit for 150 days already served. She also ordered $3,000 restitution to be paid to KaDee Stewart within three years of Johnny’s release. A work release was authorized pending approved from the county jail.
Johnny Stewart was also found guilty of violating a protection order back in June and was sentenced to 30 days in jail with credit for 30 days served.