TYNDALL — A Bon Homme County deputy sheriff will resign from office as part of a settlement arising from the stormy ending to a brief romance, according to court records.
In addition to leaving his job, Deputy Brian McGuire of Tyndall agreed to move out of Bon Homme County within 180 days. If he has not moved within 180 days and can show active efforts to find a different home, this time shall be extended by agreement of the parties through their attorneys.
McGuire and Lacey Juttelstad of Springfield reached a settlement this week in First Circuit Court at Tyndall. The settlement included dismissal of a temporary protection order in place and an agreement he would not have contact with her or other designated parties.
McGuire and Juttelstad each claimed the other resorted to harassment during their relationship, with court records showing their different accounts.
Juttelstad said McGuire physically assaulted her; harassed her by phone, text and Facetime; abused his power by stopping her for no reason while he was on duty; and stopped unannounced at the home of her daughter’s father. She expressed fear for herself and others.
McGuire denied all of those charges and made counterclaims. Juttelstad resorted to ways of winning him back, including sending nude photos of herself, when their one-month relationship ended and he returned to his wife, he said. When that didn’t work, Juttelstad sought to make him jealous and sought the restraining order as revenge, he added.
He described Juttelstad as “a woman scorned because (he) would not divorce his wife for her and is now seeking revenge in an attempt to have (him) lose his job by filing the protection order request and, if this course of conduct does not work, by filing a complaint with the DCI (South Dakota Division of Criminal Investigation) to investigate him.”
McGuire added that Juttelstad never filed any reports against him as being abusive, improperly used his job or any other complaint against him. She did so only after he rebuffed her final advances to rekindle their relationship with nude pictures.
“(Juttelstad) has a long history of falsely accusing men of sex crimes to gain power over them to do what she wants,” McGuire said in his counterclaim, listing specific examples involving other men.
Juttelstad had previously received a temporary restraining order, and she was seeking a five-year protection order to keep McGuire at least 500 feet from her at all times. The request for a restraining order was dismissed as part of the settlement.
With McGuire’s departure, Bon Homme County law enforcement consists of the sheriff and one deputy along with dispatchers/jailers. The county can hire outside parties, as needed.
As part of his duties, McGuire helped launch Bon Homme County’s K-9 unit. He trained and worked with the dog, also caring for the canine. The K-9 unit has been used for drug enforcement, among other purposes.
Besides his Bon Homme County employment, McGuire also works for the Douglas County sheriff’s office and the Wagner Police Department. Those two jobs were not addressed in this week’s settlement on the protection order.
At the outset, First Circuit Judge Cheryle Gering recused herself from Juttelstad’s request for a protection order. First Circuit judge Bruce Anderson appointed Judge Kasey Sorensen as a substitute on the bench.
In filing her initial petition for a protection order, Juttelstad claimed she was the victim of McGuire’s domestic abuse. She said he engaged in “continued harassing, annoying and malicious behavior” which inflicted fear in her and other parties, including her 4 and 2-year-old children.
Juttelstad said McGuire called her 124 times June 22 between the hours of 7:40 p.m. and 10:50 p.m. She said, during an eight-minute period, he called her 101 times.
Juttlestad said she eventually answered on Facetime. McGuire asked why she was ignoring his calls, and she responded that she was with her children. She said, during the conversation, McGuire admitted previously pinning her down and putting his hands around her throat “because I wouldn’t tell him who brought me coffee.”
In her statement, she said McGuire showed up at the house of her daughter’s father “because I didn’t answer his phone calls when I wanted to.”
During that incident, McGuire wasn’t arrested or jailed, according to court records. While he possesses guns or other weapons, he had not used a weapon in the incident and hadn’t threatened anyone with a weapon.
In his court response and counterclaim, McGuire denied “each and every allegation, except those specifically set out (in his response).”
McGuire said the two parties were in a previous short romantic relationship lasting no longer than one month. He denied he ever caused or intended to cause harm to Juttelstad or her children.
In his counterclaim, McGuire said Juttelstad was upset that McGuire ended their relationship and returned to his wife. As a result, McGuire said Juttelstad was acting out those upset feelings by taking action against him “out of revenge.”
McGuire further denied “he ever pursued knowing and willful course of conduct which seriously alarmed, annoyed or harassed (Juttelstad) and/or her children with no legitimate purpose.”
McGuire provided his version of the June 22 Facetime communication, saying she contacted him on Facetime “feigning a serious illness.” McGuire said he went to Juttelstad’s home to check on her and to bring get-well flowers. He said he immediately left, not realizing at the time she wasn’t ill and had another man in her apartment to make him jealous.
McGuire also responded to Juttelstad’s description of his numerous phone calls, saying he made the calls only after she said she was seriously ill and then didn’t answer her phone. He became upset upon learning she wasn’t ill and was instead trying to restart their relationship after knowing McGuire and his wife were in marriage counseling and had reconciled.
“Any admissions or confessions made about ‘putting his hands on her’ was in reference to her previous requests for ‘kinky’ or ‘rough’ sex,” McGuire said.
As for stopping at the home of the daughter’s father, McGuire denied harassing the man and said he intended to retrieve posters made for a child’s birthday.
McGuire also denied ever stopping Juttelstad while on duty “in an attempt to abuse his power” but did stop her for speeding, a head light and other legitimate traffic stops.
Juttlestad was represented by attorney Derrick Johnson, while McGuire was represented by attorney Theresa Rossow.
Both parties agreed that neither attorney shall represent them or participate in a DCI investigation, according to court records. No one will have control over such an investigation except the DCI and South Dakota attorney general’s office.
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