“The fact that we are here is appalling.”
Those are the repeated words of Barbara Sanders, speaking on behalf of the Sanders family at the sentencing modification hearing of Dylan Thompson. Thompson is currently 15 months into a 7-year sentence for 2nd degree manslaughter in the death of Rick Sanders, who died as a result of an altercation with Thompson at Thirsty’s Bar on January 3, 2019.
The defense’s argument began with a statement by Thompson, who first directly faced the victim’s family and apologized. He stated that he’s already learned a lot about himself in the time he’s been incarcerated and is working hard to get out of prison to be a father to his children. Thompson’s children include a son who turned 1-year-old on March 3 of this year that he’s not yet met in person. Thompson also summarized that he’s been in full compliance with all of his treatment obligations so far, and is eager to successfully complete further treatment as outlined in his sentencing.
Rick Christopherson, a supervisor with the Department of Corrections at the Yankton facility at which Thompson is being held, was the sole witness for the defense. He stated that in the 13+ months that Thompson has been under his supervision, he has been honest, dependable, prompt, positive, and hardworking. Christopherson emphasized that in his years of supervising trustees, he has rarely given such witness or recommendations. Christopherson stated that Thompson is different than most of the trustees he supervises, expressing that Thompson has shown himself to be trustworthy and a model prisoner.
Defense attorney Doug Dailey further continued the notion that Thompson’s excellent behavior should be considered in reducing his sentence, citing his ‘low risk’ status with the Department of Corrections. Dailey admitted that Thompson may “not be fully rehabilitated but is on a good path.”
The only witness for the State was Barbara Sanders. Her statement to the court acknowledged Thompson’s right to request the reduction in sentencing but expressed hurt over the fact that they were back in court only a year after sentencing and urged the court to reject the defense motion. She stated that the family does not believe 15 months is long enough to serve for causing the death of their loved one. Sanders also acknowledged his good behavior in prison, expressing the hope that it continued, but also expressed concern that Thompson hasn’t changed. She offered rebuttal to Thompson’s desire to get out of prison for his family, asking, “You didn’t do better for your kids before this, why would you now?” Sanders also suggested Thompson was not truly sorry for what he did and was only sorry that he got caught. The Sanders family asked that the original sentence be upheld as they are pleased with the timeline already set forth by the court.
While State’s Attorney Jim Miskimins offered his congratulations to Thompson on his success in rehabilitation, he also said it was not appropriate to change the sentence and asked the court to hold firm with the established timeline. Thompson is scheduled to be released on parole in June of 2022.
In issuing his ruling, Judge Chris Giles agreed that Thompson had many positive aspects and should be commended for his accomplishments in his treatment programs and for being a model prisoner. He ruled against modifying the sentence, saying is it likely Thompson will be released earlier than the June 2022 parole date due to rewards for good behavior and didn’t want to lessen the time served even further. The request to remove the Felony status from Thompson’s record was also denied.