MITCHELL – A Mitchell man who stole a pair of vehicles and multiple firearms while possessing child pornography was sentenced Tuesday, March 28, to 16 years in prison on several felony charges.
Heading for a sentencing hearing, Xzaviyon Drapeau, 18, of Mitchell, pleaded guilty to two counts of grand theft between $5,000 and $100,000, each a Class 4 felony that carries a maximum sentence of 10 years in prison and a $20,000 fine, possession, production and/or distribution of child pornography, also a Class 4 felony, and grand theft between $1,000 and $2,500, a Class 6 felony, which carries a maximum sentence of two years in prison and a fine of 4000 dollars.
“He steals cars. He crashes cars and steals guns. Then he goes and sells them,” Davison County Deputy State’s Attorney Robert O’Keefe said of Drapeau during the sentencing hearing.
Court records say the investigation into Drapeau began after the theft of multiple vehicles in Mitchell. Drapeau stole a Ford Fusion and a GMC Sierra truck in Mitchell and was later located in Fort Thompson, according to O’Keefe.
An arrest affidavit said Drapeau gave authorities permission to access his cell phone while being questioned about a recent string of vehicle thefts and stolen firearms.
While searching Drapeau’s cellphone, investigators found two videos recorded by Drapeau in which he was “holding a lever action rifle” and a Glock handgun that resembled stolen firearms that had recently been reported to the Mitchell Police Department, according to the affidavit for arrest.
O’Keefe said authorities also found photos on Drapeau’s cell phone showing a woman who was 14 at the time, which led to the child pornography charge.
While being questioned by authorities, Drapeau admitted to stealing the gun from a truck in Mitchell. Drapeau helped officers locate the stolen rifle he left outside, but the gun was not found where he said he had left it.
Drapeau apologized and took responsibility for the string of crimes during the sentencing hearing and asked for a chance at probation.
Judge Giles chose to impose prison terms on each of the four offenses for which Drapeau was convicted, calling his actions “repeatedly doing the same stupid things.” Before handing down the sentence, Giles emphasized that Drapeau had been “given a chance” to rehabilitate himself from his long criminal history as a youth.
“You repeatedly did the same stupid things. I’m not optimistic about you making changes and putting this behind you,” Giles said.
For each of the two counts of grand theft auto, Drapeau was sentenced to 10 years in prison with four years suspended. He was sentenced to serve two years in prison for Class 6 aggravated larceny. The charge of possession of child pornography resulted in a 10-year sentence with eight years suspended.
Criminal entry into a vehicle was the only felony charge Drapeau pleaded guilty to, which is a Class 1 felony. He received credit for 239 days served in jail for the crime.
Drapeau’s prison terms on all four felony charges will run consecutively.
As part of the terms of Drapeau’s sentence, he was ordered to pay just over $7,600 in restitution fees owed to the victims of Drapeau’s crimes.
Sam Fosnes joined the Mitchell Republic in May 2018. He grew up in Mitchell, SD, and graduated from Mitchell High School. He continued his education at the University of South Dakota in Vermilion, where he graduated in 2020 with a BA in Journalism and a minor in English. While in college, Fosnes worked as a news and sports reporter for The Volante newspaper.