c ~ STATE OF SOUTH DAKOTA IN CIRCUIT COURT 18S COUNTY OF HANSON FIRST JUDICIAL CIRCUIT File # Cr 9-39 STATE OF SOUTH DAKOTA, PlaintehGfech led in Circut coun, of, Corded in Vol, —————— Page. PLEA AGREEMENT AUG 3 AUSAAOER CRoED eH a 9208 DoB 12/20/1988, ‘A SCHRO, Clerk of Circuit courte Defendant. COMES NOW, the State of South Dakota by and through its legal counsel, James R. Davies, Hanson County State Attorney, the Defendant Alexander Salgado in the above-captioned action, and his attorneys Mike C. Fink and Douglas N. Papendick, and jointly agree that this plea agreement will be presented to the Court for its consideration pursuant to SDCL 23A-7-8. It is understood by each party that the Court is free to implement or disregard the plea agreement as the Court sees fit in its own discretion. In consideration of the mutual promises set forth below, the State of South Dakota and the Defendant Specifically agree as follows: DEFENDANT 1, Defendant agrees to waive a preliminary hearing and enter a plea of guilty to an Information filed in the First Judicial Circuit, Hanson County, charging him with Second Degree Murder in violation of SDCL 27-16-7, a Class B felony. This violation carries a mandatory sentence of life imprisonment in the state: c Y penitentiary without the possibility of parole, and a potential fine of Fifty Thousand Dollars ($50,000.00). The Defendant agrees to establish, to the satisfaction of the Court, that his guilty plea is free and voluntary, a product of his own free will and not the result of coercion. tn addition, the Defendant will present a written factual basis for the charge, previously approved by the State, to the Court sufficient to establish the Second Degree Murder charge. 3. Defendant will cooperate with all reasonable requests made by law enforcement officials concerning the ongoing investigation into the death of Jasmine Guevara. This will include, but not be limited to, a complete, candid, truthful debrief regarding Defendant’s role and M.D.‘s role in bringing about the death of Ms, Guevara. Defense counsel may be present at the debrief. At the State’s discretion, said debrief and any statements given to law enforcement pursuant to this agreement may be subject to confirmation for truthfulness by lie detector or polygraph examination. However, if Defendant remains consistent with his factual basis and the state is satisfied that the Defendant truthfully answers questions going beyond what is included in the factual basis, the state will not seek a polygraph. In the event a polygraph does become necessary, Defendant's failure to submit to or pass any lie detector or polygraph examination may result in revocation of this agreement at the State’s discretion.c ~ Defendant acknowledges that any misrepresentation or omission made during the course of Defendant's debriefings and cooperation with law enforcement may result in revocation of this agreement at the State's discretion. 5. ‘The Defendant will testify truthfully at any trial or other judicial proceedings regarding his knowledge of the facts and circumstances leading up to and including the death of Jasmine Guevara. This shall include, but not be limited to: the relationship between himself and M.D., between himself and Jasmine Guevara, and between Jasmine Guevara and M.D,; the activities involving the three leading up to and including November 10, 2009; the respective role the Defendant and M.D. played leading up to and including Ms. Guevara’s death; the motive for Ms, Guevara's death; and any other facts and circumstance the State deems relevant. Any misrepresentation or omission during such testimony will result in revocation of the plea agreement and the filing of the original, if not further, charges. 6. To effectuate the Defendant’s cooperation pursuant to this agreement, the Defendant hereby issues a blanket waiver to his right to a speedy trial within 180 days from the date of his initial appearance as set forth in SDCL 23A-44-5.1. 7. The Defendant will waive his right to appeal herein. Defendant has reviewed this with legal counsel and knowingly and voluntarily waives this right under United States v. Monzon, 359 F.3d 110 (2d Cir. 2004).v Y 8. Defendant acknowledges that in the event he initiates any habeas corpus or other collateral attack on his conviction, the State will re-file First Degree Murder charges and seek the death penalty, if needed. STATE Conditioned expressly upon the Defendant's fulfillment of the aforementioned provisions, the State of South Dakota agrees that it shall: 10, Extend to the Defendant a grant of State use immunity under SDCL 23A-14-29 for the pending charges. This grant of immunity is expressly conditional upon the Defendant's complete and open honesty in the scope of his cooperation with law enforcement. Any misrepresentation or omission made by the Defendant to law enforcement shall be grounds for revocation of this grant of use immunity. The Defendant will then be prosecuted to the fullest extent of the law. 11. In the event this agreement fails to come to fruition or is revoked for any reason, any and all statements made or evidence obtained pursuant to this agreement may then be used against the Defendant, notwithstanding SDCL 19-12-12 and 23A-7-13, including any statements made during any court proceeding, consistent with United States v. Mezzanatto, 513 U.S. 196 (1995). Defendant. further acknowledges that any such statements made or evidence obtained in the presence of any prosecutor does not disqualify that: c Y Prosecutor from further participation in any trial or other judicial proceeding as provided by SDCL 19-1-3. 12, he State will dismiss the current Counts of the Indictment pending against the Defendant and will refrain from filing any additional charges, other than the charge which is the subject of this agreement. 13. At the time of sentencing, the State of South Dakota will inform the sentencing judge of the extent and level of the Defendant's cooperation with law enforcement officials in fulfilling the terms of this agreement. However, the parties specifically acknowledge that the length and conditions of any sentence are mandatory, and that no promises as to length or types of sentences have been made to the Defendant by the State. vated emis QAP ay ot Arye V78, 2010. SS pavies Hanson County State’s AttorneyAs Dated this 20" day of Ug ut 2010. Mike C. Fink Attorney for Defendant Dated this Zo’ day of pated this LO aay of Noxoder Salgada Alexander Salgado Defendant pld_RM State v Salgado - Pea Agreement (0)