Six months after a murder-suicide in Platte, Attorney General Marty Jackley announced the charges against three individuals for their roles in a financial misconduct case.

The GEAR UP Program involved State and Federal grant money that was intended to help Native American students further their education. Once the South Dakota Department of Education terminated Mid Central Education Cooperative’s contract to over see the Program, Scott Westerhaus killed himself and his family. At a press conference Wednesday in Platte, Jackley says the probe has turned up alarming information.

“I need to be very frank with you. There has been a loss or a theft of over a million dollars. The auditors are compiling some of the final numbers. Some of that will be released in the near future whether it be Legislative audit or through other audits.”

At this time Jackley says three people have been charged and arrested. All of the suspects are currently free on an unsecured bond.

Daniel Mark Guericke, 58, White Lake, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment in the state penitentiary and/or $4,000 fine, 4 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Stephanie A. Hubers, 43, Geddes, 1 count of grand theft, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 2 counts of grand theft by deception, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 3 alternative counts of receiving stolen property, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine,

Stacy Lee Phelps, 42, Rapid City, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment and/or $4,000 fine, 2 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

“The individuals were given an opportunity to voluntarily surrender. I appreciate the fact that they complied without incident.”

All of the defendants are charged with multiple felonies with more possible arrests to come. Jackley says the preliminary evidence also implicates both Scott and Nicole Westerhaus.


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