It was an out-of-the-ordinary day on Tuesday, March 9 as Custer County Court held two first appearances.
Kiley Vogal, 46 of Arnold, made his first appearance on a number of charges, some of which were going to be dismissed due to misinformation in the case. Vogal was initially charged with alleged Strangulation (Class IIIA Felony), Terroristic Threats (IIIA felony), Use of a Firearm to Commit a Felony (Class IC Felony), Possession of a Firearm by a Prohibited Person (Class ID Felony), and 3rd Degree Assault (Class I Misdemeanor).
During the hearing, Vogal stated that he was not in possession of a firearm during the alleged confrontation on March 6, 2021, but he was when he was shot and convicted of possession of a firearm in 1995. Judge Tami Schendt appointed Public Defender Michael Borders to represent Vogal in the case.
Prior to adjournment, Custer County Attorney Steve Bowers stated that the police report had indicated Vogal had allegedly threatened to get a gun during the confrontation but did not actually possess a firearm. Bowers said that he would be dismissing the firearm charges. A bond hearing was going to be scheduled at a later time. Prior to the firearm charges being dropped Vogal was being held on a 10% of $1,000,000 bond. A preliminary hearing is scheduled for April 12 at 3 PM.
John Holmes, 63 of Sargent, also appeared on Tuesday facing alleged charges of DUI-causing serious bodily injury (Class IIIA Felony), Aggravated DUI-1st Offense (Class W Misdemeanor), and Willful Reckless Driving (Class III Misdemeanor). Homes was given a court-appointed attorney which was Public Defender Michael Borders. A preliminary hearing was scheduled for April 12 at 2 PM.
A bond hearing was also heard where the bond was reduced from $7,500 to 10% of $5,000. Bowers agreed to the lowering of the bond due to the lack of recent criminal history and Holmes residing in the local area.