By Dave Baumeister, County Correspondent
SIOUX FALLS – “Being able to raise families without concerns of crime” is one of the key reasons Daniel Haggar ran for the office of Minnehaha County State’s Attorney.
Haggar was elected in November of 2020 and took office last January.
He said it was “his pride in living in this community,” and a personal career goal, that made him want to run.
Haggar, a graduate of the University of Sioux Falls and the University of South Dakota School of Law, spent the past several years working for the Minnehaha County Public Defender’s Office, the Lincoln County State’s Attorney, and, most recently, he was part of the Human Relations Department for the city of Sioux Falls.
Now, while assuming his new duties with the legal challenges associated with a pandemic and new marijuana laws, he still lists “safety for all” as his prime concern.
“I want us to live in a community that is welcoming and inclusive,” Haggar said.
He sees the growth of Sioux Falls and Minnehaha County, along with the challenges from 2020, as being the most problematic issues with his new job, but he hopes things will go back to “normal” soon.
For example, in 2020 there was a record number of 13 homicides in the county, and, so far, in the first half of 2021, there haven’t been any, which is a trend he hopes will continue.
Haggar added that the usual number is seven or eight homicides per year.
Unfortunately, even though total murders are down from last year, Haggar sees other crimes, in general, on the rise.
While 2020 saw a decrease in misdemeanors and driving-related felonies, the numbers of violent crimes skyrocketed.
Minnehaha County figures from last year showed a 113% increase in child abuse cases, a 102% increase in burglaries, 100% in robberies, and 112% in assaults, with 40% of those being directed against law enforcement officers.
He said that he believed many of those crimes were the results of people’s stress levels and frustrations over being kept at home during the height of the pandemic, but even now that things have opened up, Haggar still believes violent crimes will be about the same again this year.
The previous statistics referenced the entirety of 2020, and since 2021 is only half over, a complete picture of crime is not available.
He also complemented his staff on their hard work, since most of the major crimes from last year are just now being prosecuted.
Haggar explained that the courts call for a “speedy” trial, and in the legal world for felons, “speedy” means a case must be heard in court within 180 days.
However, every time an attorney asks for a delay, it adds to that six-month timeframe, and with more complicated and violent crimes, such as the 13 homicides, the longer it takes for suspects to see the inside of a courtroom.
One thing Haggar mentions when discussing increases in violence is how young people are becoming more involved in adult-type crime.
He said that in the past, kids have always acted out in careless ways, but now that “acting out” is more serious.
“We are seeing juveniles emulating adult behaviors,” Haggar said. “Moving large quantities of (illegal) drugs, stealing firearms, and shooting at each other.”
And those behaviors take young people out of the juvenile court system and put them in adult courts, where they could face long term incarceration.
For this reason, one of Haggar’s pet projects is the “adult-diversion program,” which offers young offenders positive ways to re-connect with their communities.
He said these types of programs can make better citizens and save tax dollars that flow toward prisons.
In looking at this, Haggar refers to a favorite quote attributed to abolitionist Fredrick Douglas: “It is easier to build strong children than to repair broken men.”
New laws on the horizon
Looking ahead, other concerns of the new state’s attorney deal with new marijuana laws.
As of July 1, marijuana for medicinal purposes has been legal in South Dakota, even though neither the South Dakota State Legislature nor the Department of Health have completed their work for regulating it.
This lack of action has left municipalities and counties in limbo as to their own rules.
Because of that lack of guidance from the state, the Minnehaha County State’s Attorney’s office is on record saying they will not be prosecuting the possession of small amounts of marijuana, regardless of a person’s medical status.
Along with Initiated Measure 26 on medical marijuana, passed by 70% of the state’s voters last November, voters also passed Constitutional Amendment A, which was to legalize cultivation and possession of marijuana for recreational use.
Because of action spurred on by the governor’s office, Amendment A is currently on hold, awaiting a decision from the South Dakota Supreme Court.
And depending on what happens at the state level, Haggar realizes that trying to prosecute something that – at any time – could become legal would be a waste of time, the resources of his office, and tax money.
“I see this as democracy in action,” he said, and he pointed out that he is ultimately responsible to the taxpayers.
“It is possible that some individuals will try to use the medicinal marijuana laws to advance their own addictions,” Haggar said, “but we hope not.”
In looking at other challenges the state’s attorney’s office faces, Hagger quickly refers to digital evidence.
“As we’ve seen, these days there is a lot of digital evidence available,” he said. “And going through that can be very time consuming.”
By “digital evidence,” Haggar is referring to the increase in camera footage, things posted on social media, texts stored in cell phones, etc.
And this is one reason the Minnehaha State’s Attorney’s office has 63 employees: 34 lawyers and 29 on the support staff.
All in all, Haggar says he wants his Minnehaha County office to be an example for other prosecutors in and around the state.
As he looks at the growth in the county, especially in Sioux Falls, Haggar adds, “In any growing community, crime has to be addressed.
“We’re growing and attracting national attention from people and businesses. When the population rises, crime rises.”
And Haggar knows both the growth and crime are on the rise. But he feels the Minnehaha County prosecution staff is taking a proactive approach to deal with it.