FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
MINNEHAHA COUNTY, SOUTH DAKOTA THE HONORABLE RODNEY J. STEELE
J. JACKLEY Attorney General
R. KJERSTAD Assistant Attorney General Pierre, South Dakota
Attorneys for plaintiff and appellee.
J. BLOUIN of Minnehaha County Public Defender's Office
Sioux Falls, South Dakota Attorneys for defendant and
Jason Wayne Dunkelberger was convicted of first-degree
robbery. Much of the evidence directly implicating him was
elicited from an accomplice. On appeal, Dunkelberger argues
that the circuit court erred in admitting a surveillance
video of him and the accomplice the day before the robbery.
Dunkelberger contends that without the video, there was
insufficient evidence to corroborate the accomplice's
testimony. We disagree and affirm.
and Procedural History
Lynde Miller was working at Jackson's Casino, located at
the corner of Minnesota Avenue and 17th Street in Sioux
Falls, during the early morning hours of December 9, 2015. At
approximately 1:30 a.m., while Miller was counting money from
the till, the casino's doorbell rang. Miller went to the
door and was confronted by a man wearing a heavy coat over a
hooded sweatshirt. The man's face was covered by the
hood, heavily tinted sunglasses, and a mask or bandana. He
forced himself into the casino, placed his hand in his right
pocket, and demanded money. Miller observed a
"bulge" in the man's pocket, which she believed
was a gun.
Miller gave the robber the money she was counting, which was
bundled together with either paperclips or rubber bands. She
also gave him money from the safe. The robber then told her
to "sit" as he left the casino. Miller activated
the panic button and watched him walk east down 17th Street
and get into the passenger side of a light-colored sedan
located a block away.
Law enforcement arrived a few minutes later. Miller described
the robber and said he was about 5′5″ or
5′6″ tall. Officer Matt Vandervelde walked toward
the area where the robber went and discovered a pair of wet
footprints that were headed in the direction of the casino.
He did not observe any other footprints in the area.
Detective Chris Bauman started an investigation. He noted
that the description provided by Miller, as well as that
shown in the casino's surveillance video, matched the
description of an individual from another robbery. It also
matched the description of an individual, later identified as
Dunkelberger, who had been dropped off at the Truck Towne
Plaza gas station in Beresford the night before the
Jackson's Casino robbery. Video surveillance from Truck
Towne Plaza showed Dunkelberger getting out of the passenger
door of a white sedan and walking inside. He was wearing a
heavy coat with the hood up and a mask or bandana covering
most of his face. Dunkelberger grabbed a few items,
approached the counter, and lowered the mask to reveal his
face. He purchased the items and left as a passenger in the
Detective Bauman interviewed Dunkelberger concerning his
possible involvement in the robbery. Dunkelberger indicated
that he "was at the end of his rope" and could not
make enough money to support his family. But he denied
involvement in the casino robbery. The detective showed
Dunkelberger still images from the Truck Towne Plaza video.
Dunkelberger admitted that it was him in the video and that
the white car belonged to his babysitter Mandy Konop.
Detective Adam Zishka interviewed Konop. Konop implicated
both herself and Dunkelberger. Dunkelberger was subsequently
indicted for first-degree robbery. Konop received a lesser
charge in exchange for cooperating with law enforcement and
agreeing to testify against Dunkelberger.
During trial, Konop described in detail what occurred during
the robbery. She testified that she drove Dunkelberger to
Jackson's Casino in her white car, circled the block
several times, and parked facing the casino a "block or
two" away on the north side of 17th Street. She
testified that Dunkelberger went into the casino and returned
five minutes later with money that was "paper-clipped
together in little bundles." She also testified that