A Custer City man accused of running over a wakeboarder while boating drunk on Angostura Reservoir in 2015 has been scheduled for a new trial in June.
Last month, a Fall River County jury convicted Cory Schmitz, 41, of boating under the influence, but it couldn’t reach a unanimous verdict on his felony charge of aggravated assault. Investigators said the victim, 31-year-old Mike Lemley of Rapid City, suffered head trauma and several lacerations to his upper back and shoulders.
Schmitz will be retried over four days, beginning June 18, 7th Circuit Presiding Judge Craig Pfeifle said at a hearing Tuesday. Pfeifle also ordered that Schmitz’s sentencing for drunken boating, a misdemeanor punishable by up to a year in county jail, be postponed till his retrial is concluded. The judge said the trial outcome will change his perspective on the “appropriate sentence.” Aggravated assault carries a maximum prison sentence of 15 years.