Irvin Salway, 50, was sentenced last Friday in Martin to 15 years in the South Dakota State Penitentiary by Circuit Court Judge Margo Northrup. Nine years of the sentence may be suspended if he follows all conditions of his sentence.
He was found guilty of count 1, burglary in the first degree, sdcl 22-32-1 (3), a Class 2 Felony.
The sentence read that the Defendant shall be incarcerated in the South Dakota Penitentiary for a period of fifteen years, with 195 days credit for time served in county jail.
It is further ordered that Salway pay a $500 fine; $116.50 court costs; $45.10 witness fee; $1,459.71 for a private investigator; and court appointed attorney fees in an amount to be determined. Costs and fees shall be paid to the Bennett County Clerk of Courts according to a payment plan.
Nine years of the 15 year penitentiary sentence shall be suspended on the following
conditions: a. The Defendant must maintain a good disciplinary record and comply with all programming required by the Department of Corrections and Board of Pardons and Parole pursuant to SDCL 23A-27-18.6; b. The Defendant shall participate in any evaluations and/or treatment as required by the Department of Corrections and the Board of Pardons and Parole; c. The Defendant shall pay all financial obligations imposed in this judgment and any outstanding financial obligations in any other criminal file in State circuit court or magistrate court according to a payment plan with the Department of Corrections and Board of Pardons and Paroles.
In the early morning hours of May 26, 2023, the defendant entered the residence of S.W. and D.W. at a location in Bennett County. The defendant and another person entered the mudroom of the residence and began going through S.W. and D.W.’s belongings, all while S.W., who was 9 months pregnant at the time, D.W., and their young child were sleeping in the house.
S.W. heard a loud noise and voices coming from the mudroom and looked at her camera app footage on her phone. In the video she saw two men in the mudroom of her house. They confronted the men who fled. The younger man ran to a vehicle that fled the scene, but the defendant wasn’t as fast and turned around when confronted.
S.W. called 911 and D.W. kept the defendant at the scene until law enforcement arrived. The victim’s wallet was missing from the residence and a few pairs of sunglasses belonging to the victims were recovered from the driveway and S.W.s beading supply container full of beading material which was kept in the mudroom was recovered outside the house at the bottom of the steps.
Prior to sentencing, Salway’s lawyer, Sandy Steffen, argued he was blacked out drunk and thought he was catching a ride to some friends house and did not intend to rob the home. She argued he has been making all his court dates and has some serious health issues and would go into treatment. Steffen asked for something short of going to the penitentiary Bennett County States Attorney Sarah Harris asked for 15 years of prison time, arguing Salway has an extensive criminal history including four convictions of burglary and five felonies in his life. She said the defendant’s action present a danger to the community. The charge carries a maximum sentence of 25 years but it was agreed to cap the sentencing at 15 years with the plea of guilty.
Prior to the sentencing, the victims gave statements of how the crime has affected them.
They have sleepless nights, were concerned for their family’s safety, have anxiety since the crime and said they feel there are too many crimes of this type and people in the area are frustrated in what is being done about it. They argued that if Salway were to be given no prison time and just treatment, it would be frustrating to not only them, but the entire community.
Salway was asked if he would like to make a statement and said no.
The judge informed Salway that with his extensive criminal history and the fact he has been in the penitentiary before, a penitentiary sentence is warranted and sentenced him back to the penitentiary.