A man who pleaded no contest to stalking after hiding in his ex-girlfriend's car is heading to the South Dakota State Penitentiary.
Jeremy M. Hale, 34, received the maximum twoyear prison sentence -- minus 174 days served -- for the stalking charge that involved him hiding in his ex-girlfriend's car at their son's daycare and, once the woman entered the vehicle, entering the back seat from the trunk to plead with her to allow him to see their son. He was sentenced Tuesday in Davison County court.
He also received a five-year consecutive prison sentence for possessing Seraquel while in jail, although Judge Tim Bjorkman suspended four years of the sentence, saying he did not believe it was something "that merits the maximum sentence or anything approaching that, considering all the facts and circ*mstances."
Hale was prescribed Seraquel not long after he was charged with possessing the drug illegally in jail. The legal prescription is part of a pharmaceutical combination that currently includes Xanax, Prozac and Lithium, according to Hale's lawyer, Ken Tschetter.
Tschetter claimed that the drugs have helped stabilize the moods that may have led Hale to enter his ex-girlfriend's car in January where, he later admitted, he threatened to "kill her family if things didn't change."
Hale said he resorted to the measure as a desperate move to see the couple's son. It violated a protection order served on Dec. 30, 2010, that prohibited him from being within 300 feet of the victim, their son, her work place, her home and their son's daycare.
"I know what I did was wrong but, at the time, I was so desperate and so hurt," Hale said. "I deserve a chance because I'm not a violent person and I'm not a criminal."
"I had good intentions, but I went about it completely wrong and I messed up," Hale added.
Before sentencing, Hale admitted to attempting suicide while incarcerated.
Tschetter said he had spoken with Hale's ex-girlfriend, stating the woman did not believe a prison sentence was necessary.
But Bjorkman appeared unmoved by Tschetter's statement.
"I can't imagine how the mother of your child felt when you popped out of the back of her seat from the trunk," Bjorkman said.
Hale admitted to taking drugs for half of his life, a habit that started after the death of his younger brother, Jonathan, when Jeremy was 17.
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Although Hale said he had been clean and sober since October 2009, Bjorkman commented that Hale had tested positive for marijuana in January 2010.
Many of Hale's comments before Bjorkman's sentence focused on a strained relationship between Hale and his exgirlfriend's mother. While Hale said he tried his best to mend relations after quitting drugs, Bjorkman questioned whether or not Hale had fully considered the woman's concerns.
"It's almost like you thought she was being unreasonable, but can you imagine this mother of a young, pregnant mother-to-be who is involved in a relationship with a father who has abused drugs for years and has two or three felony convictions under his belt?" Bjorkman asked. "Your unwillingness to deal head-on with issues that you face in life has brought you here."
In addition to his prison sentences, Hale will be required to pay a fine of $500, court costs of $104 and the $600 cost of a psychological evaluation.
Despite his obvious disappointment -- Hale's lawyer originally asked for probation -- Hale said "Thank you, your honor" after receiving sentence.
