StatGout.

Cine iellohDakota
of South o County
STATE OF SOUTH DAKOTA | _ Pied ol—adock It IN CIRCUIT COURT
comvrvormmuere 0 OO WL soem JUDICIAL CIRCUIT
STATE OF SOUTH DAKOTA, BYf—j—————DePY
Plaintiff, ) 47Cri22-
v. ) PLEA AGREEMENT
JOEL MATTHEW KOSKAN, )
—— )
The State of South Dakota, by and through counsel, Brent Kempema,
Deputy Attorney General, and the Defendant, Joel Matthew Koskan, by and
through counsel, Clint Sargent, jointly present this plea agreement to the Court
for its consideration. The terms of this agreement shall be binding upon the
Court as provided for in SDCL § 23A-7-8(3). The parties agree that Defendant
shall have the rights stated in SDCL § 23A-7-11 if the Court rejects this plea
agreement or any term or provision thereof.
In consideration of the mutual promises set forth below, the State and
Defendant specifically agree as follows:
DEFENDANT
1. Defendant will enter a plea of guilty to Count 1 in the Information,
Exposing a Minor to a Foresecable Harm, in violation of SDCL 26-10-1, a Class
4 felony. Count 1 carries a maximum statutory penalty of ten years
imprisonment in the South Dakota State Penitentiary and a $20,000 fine. The
parties agree that under this plea agreement the maximum sentence Defendant
wil face is a suspended execution of sentence with all prison and/or jail time
suspended.
 2. Defendant will reimburse the State for costs associated with the
investigation and prosecution of this case, including, but not limited to,
transcript costs, evidence-testing costs, expert witness fees, restitution, and
any other costs or fees that may be ordered by the Court.
3. Defendant will remain on good behavior and obey all federal, state,
local, and municipal laws prior to sentencing.
4. Defendant will complete a psycho-sexual assessment and follow
through with completing all recommendations.
a. Defendant will provide the psycho-sexual assessor witha acopy
copy of all law enforcement reports in this matter and
of this plea agreement.
b. Defendant will provide the State with a copy of the completed
psycho-sexual assessment, including any recommendations.
c. Defendant will follow all recommendations provided in the
psycho-sexual assessment. Any and all recommended
treatment shall be provided by a qualified mental health
professional licensed by the State of South Dakota.
d. Defendant will provide the State with a letter from any
treatment provider indicating successful completion of any
recommended treatment.
5. As agreed upon restitution, Defendant will pay forlll to attend
individual therapy witha licensed therapist of her own choosing. The decision
to attend therapy is entirely within[lls discretion.
a All records or documents produced in the courseof[lls
therapy, other than billing information, are to remain
absolutely confidential and may only be releasedwith ll’
express approval.
b. Neither the Defendant, nor any other person or corporate
entity, including insurance companies, may demand any
documents or records on the grounds that the Defendant or
his assignee is acting as payee.
c. Defendant expressly waives any right he may have, statutory
or constitutional, to request, access, or otherwise obtain any
Page20f6
 records or documents resulting from Ills therapy or
treatment.
6. As agreed upon restitution, Defendant will continue to support
J in the same or similar manner he did before any allegations in this matter
were made.
a. Defendant will continue to payfor[lls course of study,
including any tuition, fees, books, and room/board at an
accredited academic institution. This obligation will cease
{upon Ill graduation or until she reaches the age of
twenty-two, whichever is sooner.
b. To guarantee continued use of the vehicle the Defendant
provided to IMMll the Defendant agrees to sign over the title
Fab a
c. Defendant will continue to provide health, eve, and dental
Ds Corot or WlTis obligations wil oaast vpn
ls graduation or until she reaches the age of twenty-two,
‘whichever is sooner. All records or documents produced in
the course of any medical treatment, other than billing
information, are to remain absolutely confidential and may
only be released with [Ills express approval.
7. The Defendant will have no contact withlll, either by direct or
indirect means, except as authorized by further Order of this Court
8. At sentencing, Defendant is free to make any recommendations
and to call witnesses on his behalf.
STATE
Conditioned expressly upon the Defendant's fulfillment of the
aforementioned provisions, the State agrees it shall:
1. The State wil refrain from filing any additional criminal charges
against Defendant for any conduct related to this matter orf Jill that occurred
prior to the execution of this agreement.

Page 3of6
 2. Atsentencing, the State will agree on the record that a suspended
execution of sentence with all prison and/or jail time suspended is the
appropriate disposition of the case pursuant to SDCL § 23A-7-8(3). The State
remains free to comment on any suspended time. The State remains free to
call witnesses on its behalf.
3. The State agrees that Defendant shall have the rights stated in
SDCL § 23A-7-11 if the Court rejects this plea agreement or any term or
provision thereof.
ACKNOWLEDGMENTS
1. Defendant must establish, to the satisfaction of the Court, that his
guilty plea is knowing, free, and voluntary.
2. Asa factual basis for Exposing a Minor to Foreseeable Harm, the
State will recite its evidence of Defendant engaging in sexual grooming behavior
with [lll Defendant agrees that the State's evidence, if believed by a jury,
would constitute a factual basis for the offense. The parties agree the Court
may accept this plea as a “benefit of the bargain.”
3. Defendant will waive his right to a preliminary hearing on the
Information
4. Defendant will waive any entitlement, while this agreement is
pending, to be tried within 180 days from the date ofhis initial appearance and
any speedy trial rights under the State and Federal Constitutions.

Page 4 of6
 5. Defendant is of sound mind and not under the influence of any
substance, such as alcohol or narcotics, which would affect his ability to
understand the nature and consequences of pleading guilty in this matter.
6. Defendant fully understands this agreement and has entered into
it knowingly and intelligently. Defendant has been fully advised of the right
against compulsory self-incrimination, the right to a trial by a jury, and the
right to confront one’s accusers. Defendant enters into this agreement freely
and voluntarily without any degree of duress or compulsion whatsoever.
7. Defendant has been represented by counsel at all crucial stages in
this proceeding and is satisfied with counsel's representation.
8. Defendant acknowledges that by entering a plea of guilty he waives
his right to appeal all non-jurisdictional defects in the proceedings that have
been held in this case prior to the date of the plea agreement. Defendant has
reviewed this with legal counsel and knowingly and voluntarily waives this
right to appeal, consistent with State v. Andrews, 2007 S.D. 29, 730 N.W.2d
416.
9. Defendant further agrees to waive the right to challenge his
conviction by way of a writ of habeas corpus or any other request for collateral
relief, consistent with Deroo v. United States, 223 F.3d 919 (8th Cir. 2000), and
the exceptions set forth therein. Defendant has reviewed this with legal
counsel and knowingly and voluntarily waives this right to habeas or other
collateral relief.

Page of6
 10. Non-compliance with any provision herein may resultin a
revocation of this agreement in the State's discretion.

Dated this _7_ day of September, 2023.

ei
A
och sSk
t e
Matthew Kosa
Defendant

ettsm
Clint Sargefornt
Attorney

Dated this 8th day of September, 2022.

[s/ Brent Kempema

Brent Kemp ema
Deputy Attomey General

Page Gof

-
 State of South Dales
TE
STA OF SOUTH DAKOTA Gir
“FlotsCour
ot-, —ol
Malaodte Coty IN CIRCUIT COURT
COUNTY OF MELLETTE ) NOV O72 SIXTH JUDICIAL CIRCUIT
STATE OF SOUTH DAKOTA, Clerk
—— Deputy
)
Plaintiff, ) 47 Cri. 22-
)
v. ) INFORMATION FOR:
)
JOEL MATTHEW KOSKAN, ) COUNT 1:
| ) EXPOSING A MINOR TO A
) FORESEEABLE HARM
Defend ant . ) (SDCL 26-10-1)
) (CLASS 4 FELONY)
)
)

Mandy Miiller, as prosecuting attorney, in the name of and by the

authority of the State of South Dakota, makes and files this Information
against JOEL MATTHEW KOSKAN and charges as to:
COUNT 1
That on or about and between the dates of October 5, 2014, and October
5,2020, in the County of Mellette, State of South Dakota, Joel Matthew
Koskan did commit the public offense of Exposing a Minor to a Foresceable
Harm, in violation of SDCL 26-10-1, in that he exposed a minor to a
foreseeable harm, which did not constitute aggravated assault, to wit: the
Defendantexposed| o scx. grooming behaviors;
contrary to the statute in such case made and provided against the peace and
dignity of the State of South Dakota.

Dated this 7th day of November, 2022.

s/ Mandy Miller
Mandy Miller
Assistant Attorney General
STATE OF SOUTH DAKOTA )
1 SS
COUNTY OF MELLETTE )

Mandy Miiller, being first duly sworn, states that she is the prosecuting

attorney for the above matter, that she has read the foregoing Information, and
the same is true to her best knowledge, information, and Y1

‘Mandy Miiller
Assistant Attorney General

Subscribed to and sworn to before me, a Notary Public, on this 7th day of
November, 2022.

‘Notary Public; uth Dakota

My commission expires:

HED fs
MARY A. BARTHOLOMEW
AS20260 SEER)
WITNESSES KNOWN TO THE PROSECUTING ATTORNEY AT THE TIME OF
‘THE FILING OF THIS INFORMATION:

Special Agent Brandon Neitzert, SD Division of Criminal Investigation

Deputy Sheriff Talese Aucoin, Spink County Sheriff's Office
Brian Zeeb

‘WITNESSES WHO BECAME KNOWN TO THE PROSECUTING ATTORNEY

AFTER THE FILING OF THE INFORMATION AND ENDORSED WITH THE
PERMISSION OF THE COURT.

2
STATE OF SOUTH DAKOTA) NOTICE OF DEMAND
COUNTY OF MELLETTE } ss FOR ALIBI DEFENSE
1, Mandy Miller, prosecuting attorney in the above matter, hereby state
that the alleged offense was committed on or about and between the dates of
October 5, 2014, and October 5, 2020, at White River, South Dakota. 1 hereby
request that Defendant or Defendant's attorney serve upon me a written notice
of intention to offer a defense of alibi within ten days as provided in SDCL 23A-
9-1. Failure to provide such notice ofan alibi defense may result in exclusion
of any testimony pertaining to an alibi defense.

Prosecuting Attorney

3
 STATEOFSOUTHOAKOTA IN CIRCUIT COURT
i (Magistrate Divsion)
UN OF_My[lglle ) SIXTHJUDICIALCIRCUIT
STATE OFSOUTH DAKOTA, 7
Plaintif, ) Fieno._41eAT 22-5
)
v. ) BOND FINDINGS AND ORDER
)
oad Coole )
_ elendant.__) _
TheDefendant camebefore theCourt for initial appearance bond hearing
onthe_Tér dayof eta.
A) 20.22.
Appearances:
gst frl
‘Goeindant
Goelendants Attomey: ___QAirdSargent
Offensefs: ______ ~~

Employment, Residence
o employed ©not esientofthe area | ©post aur t appear
0 employed © not resident of SD © poor appearance record
Current employment: poor community ties 0 pastfailuresto comply |
| with court orders
- Probation __ Offenses “Danger
‘The present charge comes. © multiple offenses 0 victim(s)
while Defendant is 0 proroffenses © minors)
a onparole 0 violentinnature 0 witnesses +
onprobation 0prior similar charge © family members
© ouon bai 0 recantintime 0 covarkers
0 onpriorcanditons 0 same iim, 0 anyother person
‘The following factual considerations were also
noted: a
er me
Comments: _- £. of =

Bond Findings
In fghtofthe foregoing, the nature and cumstances of th offense charge, the weight ofthe
evidence against the Defendant, the Defendant'sfariy tes, employment, inanclresources, character
and menial conlton the length f residence the community, record of convictions, recordof
appearanceatcout proceedings o offght to avoid prosecutionorfllureto sppearat court
‘Proceedings, the Court makes the following FINDINGS:
 felease on PRbond will willnot Defendant 0 dees Hoesnot
Reasonablyassure the appearance ofthe Pose a danger toany person o the community.
Defenda as required.
nt
der
Forsork StateCor,Me
ingul ofSouth ty
. Fld 01acoc llts Coun
k
TISHEREBY ORDERED that bond ist
asfollows:
OP DuCashintheanountof deieemmmmnt) NOV 07 22
0 Cash/s intheamount
netyofS_ 0,0, p22, a
BY
Conditions of Bond GiDupy
soconsews I © Vacarestr
EDNopossessionor consumptionof alcohol, 154Mobars o drinkingestablishments
‘controlled substances, marijuanaorany intoxicants
Main contactwithatorney
tain
0 Nodibing
(Obey allows
©Contact atom before release fom i
Submit to PET or UA at the request ofany law
7 Mowlewenforcement tosbachichice,
ffcers enforcementofcer
esidence opersonfor kohal, controled substances,
marijuana or any intoxicants © Posses no weaponss
30Makeal coutappearances @ Submitto ui dayPBT'sbetween 7:00- S004.
and 7:00-300PM tthe(Sherif Office)Police
JwSin waive ofexteaion r Departmental, with inmedte detention authorized
if alcohols detected. .
© The twicediyPBT's wilbeadministered 35 part
of the24/7Sobriety Program OOther: Lou Cordoctt (ue
Aspeunt Jf
NextCourtAppearance
ovatpceeios_Nisalgarpnt owoe11,00
es : 4.30 A 47
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BYTHE CouRr:

od Mon
d Mor
ie uu
595 seme Soune
: CircuitCourt, Mellott Count: ~
Flod ardock
By: Clerk/Deputy
(seal) NOV 07 2022
Clerk
ByDepuy