South Dakota Supreme Court Upholds Spink County Man's Elder Exploitation Conviction
- Steve Jurrens
- 6 days ago
- 2 min read
Northeast Radio SD News – South Dakota - The South Dakota Supreme Court has unanimously affirmed the conviction of Ronald Peter Clemensen of Conde, South Dakota, on multiple counts of theft by exploitation related to the financial abuse of his elderly mother.
The Supreme Court's opinion, filed on November 25, 2025, confirmed that a Spink County jury was warranted in finding Clemensen guilty on all charges.
Clemensen was convicted in 2024 of two counts of Aggravated Grand Theft by Exploitation (relating to amounts greater than $500,000 and five counts of Grand Theft by Exploitation (relating to amounts between $5,000 and $100,000).
The charges stemmed from Clemensen’s actions of mortgaging family farm ground and using funds transferred from his mother’s investment account to cover debts for his own struggling business. Clemensen's mother was a vulnerable elder whose cognitive abilities were declining during the timeframe of the transactions.
Supreme Court Rejects Clemensen's Appeal
Clemensen appealed his conviction, arguing that the State failed to present sufficient evidence to prove the elements of the crimes and that the circuit court failed to instruct the jury on his good-faith defense properly. The Supreme Court, in an opinion by Justice Devaney, rejected these claims, finding the evidence sufficient to support the jury's verdict.
In analyzing the intent-to-defraud element of the crime, the Court noted that a jury may infer intent from the facts and circumstances. The opinion found that there was sufficient evidence to establish that Clemensen acted to bring about a financial gain for himself or that he "gained an unfair or dishonest advantage by a breach of duty or confidence".
The Court further concluded that the use of his mother's property to secure his own loans and his continued pattern of obtaining funds from her account without repayment, ultimately depleting her investment, allowed the jury to find his actions were not "in the due and lawful execution of Betty’s trust".
Regarding the jury instructions, the Court found no error, stating that the instructions, considered as a whole, correctly informed the jury of the State's burden of proof and the role of the good-faith defense.
Attorney General Commends Decision
South Dakota Attorney General Marty Jackley commended the Supreme Court's unanimous decision.
"This is a case of elder abuse, and crimes committed against the most vulnerable members of our society will not be tolerated," said Attorney General Jackley. "Thank you to the Attorney General's Office staff who followed the money and brought this case to justice.”
The initial investigation and prosecution, as well as the appeal before the Supreme Court, were handled by the Attorney General’s Office staff.
While Clemensen was found guilty of all seven felony counts, the circuit court imposed fully suspended penitentiary sentences and placed him on probation.
