A Mitchell man who did not comply with a mask mandate at a Mitchell School Board meeting in September 2020 and refused to leave when asked to do so was denied a second jury trial on Friday. Reed Bender is charged with a Class 2 misdemeanor count of entering or refusing to leave property after notice. The charge carries a maximum sentence of 30 days in jail; however, Davison County State’s Attorney Jim Miskimins says he is not seeking jail time for Bender. Judge Kasey Sorenson stated that the charge against Bender was not serious enough for him to be granted a jury trial. Bender’s attorney, R. Shawn Tornow, sought to have the charge dismissed and trial sanctions imposed. Tornow accused Miskimins of violations of discovery, saying he was uncooperative and that there is prejudice in the case. Judge Sorenson found that Miskimins did not act in bad faith and declined to impose any trial sanctions. The court trial was set for May 16th. A previous jury trial on a different charge against Bender ended up in a hung jury late last year.