Charges against ‘The Living Man’ are slowly withering away before his trial even begins

This is what happens when paranoid politicians freak out about an email full of hyperbole. First his bond is reduced from $50K to $0, now this;

A man accused of harassing and stalking Mayor Paul TenHaken is no longer facing a felony charge.

Second Circuit Court Jon Sogn agreed with Bruce in a written opinion issued last week.

“For the purposes of this case, if the Legislature had intended to include an out of state stalking conviction for purposes of enhancement under SDCL 22-19A-1, it could have easily done so, as it did in the examples set forth above,” Sogn wrote. “Because the Legislature did not do so, it is not absurd or unreasonable to believe that the Legislature intended the defendant to be first convicted or heard in its own courts, based on South Dakota’s own statutory language, prior to imposing an enhanced penalty.”

Bruce is a critic of 5G technology and takes issue with the mayor working with communication companies to bring the technology, which is billed as providing the fastest internet speeds in the world, to Sioux Falls. A series of emails sent to TenHaken and city councilors were deemed to be threats by Sioux Falls police.

Bruce is representing himself in the case, scheduled for trial later this month.

I have a feeling it will be determined that his ’emails’ were simply sarcasm that is protected by the 1st Amendment and the charges will be thrown out. I will even go farther to say that the charges will probably be dropped before the trial even starts. Just a guess.

It’s unfortunate that tax dollars were wasted on pursuing this. I have had no serious contact with ‘The living man’ only to tell him in a short email that I would like to hear his side of the story AFTER the trial and me writing a defense of him before it went to court wouldn’t do him any favors.

I also recommend that people don’t send emails to politicians that contain hyperbole or sarcastic remarks about weapons or ammunition. I have found that our local politicians, of all stripes, are very delicate individuals who are quick to cry when someone is picking on them. Next time the mayor needs to call a whaaaabulance instead of the police.


#1 Scott on 10.07.19 at 7:53 pm

This Mayor probably doesn’t want a court trial. Either doesn’t want the publicity or feels that he may have to put on a tie.

#2 "Very Stable Genius" on 10.07.19 at 10:58 pm

What about a wide paisley tie and a trucker hat, would that be appropriate?

#3 D@ily Spin on 10.09.19 at 9:17 am

I must say I respect both parties. It’s important to examine 5G impact but also to align the city with something new and progressive. Stalking is hard to prove. Huether would have harassed with police and code enforcement. Perhaps, the attention will get either party to settle down. It’s sad when parties are immature.

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