Judge rules some evidence can be excluded from trial

HARTINGTON – A judge ruled certain evidence inadmissible in the case of a Louisiana man accused of murder at a Hartington worksite last year.

Cedar County District Court Judge Bryan Meismer ruled certain character evidence could not be admitted at trial against David Phillips Jr. Phillips, 21, is accused of second-degree murder, use of a firearm to commit a felony, and possession of a stolen firearm in the death of 31-year-old Israel Matos-Colon, Fowlerville, Mich .

In his ruling last week, Meismer stated that the evidence prosecutors wanted to include are part of the story of the case, but not essential information with regard to the events surrounding the case.

“Multiple witness reports indicate that the defendant and the decedent were arguing that morning, but what they were arguing about is disputed and not essential to setting the scene,” Meismer said. “ Further, the story of why the defendant was with that work crew in Cedar County on March 1, 2023, is also not essential here.”

The shooting occurred at a U.S. Cellular tower worksite about two miles north of Hartington.

The case is set for trial this spring, and the next court date for March 28.

In other court news: – An arrest warrant was issued for Mark Dowling, 54, Wynot, on suspicion of first-degree assault after law enforcement responded to a domestic disturbance at his home Feb. 15. The arrest stems from a prior alleged domestic assault occurring in mid-December in which the alleged victim broke her leg.

– Daniel Ison, 35, Laurel, was arrested on suspicion of possession of cocaine after a traffic stop Feb. 15 in Hartington. During the traffic stop, a Cedar County Sheriff’s office deputy found Ison to have an active warrant for a no operator’s license citation. When arresting him on the warrant, deputies searched him and found a dollar bill with white residue on it that later tested positive for cocaine. His next court appearance was set for March 19 for a preliminary hearing.

– Ross Wiebelhaus, 27, Spearfish, S.D., was extradited back to South Dakota on a warrant for absconding parole on offenses of identity theft, burglary and possession of controlled substance.

Wiebelhaus was initially confronted last fall about entering the South Shore Area of Lewis & Clark State Recreation Area without a park permit. He then fled in a vehicle and law enforcement pursued him.

At times during the chase, Wiebelhaus’ speed reached more than 100 mph, according to court documents, and forced other traffic to take evasive actions to avoid being struck by the vehicle. After about 15 minutes of being pursued, Wiebelhaus’ vehicle went into a ditch and became stalled on a mound of dirt.

At that time, he fled from the vehicle on foot. A loaded 12-gauge flare gun was found in a search of the vehicle.