Watertown man enters plea agreement for one charge of rape & remaining are dismissed

WATERTOWN, S.D.(KXLG)- On July 17, 2024, 63-year-old James Barrett Kaska, a convicted sex offender, pleaded guilty to one count of first-degree rape. The plea agreement was presented in the Circuit Court of Codington County, SD, with Assistant Attorney General Kelly Marnette representing the state and Manuel de Castro representing the defendant.

Kaska pleaded guilty to first-degree rape, a Class C felony, which carries a maximum penalty of life imprisonment and a $50,000 fine. The plea agreement includes a mandatory minimum sentence of fifteen years in the South Dakota State Penitentiary.

Kaska agreed to pay all fines, court costs, and other prosecution-related expenses. He will undergo a psychosexual assessment and comply with its recommendations as part of his sentence.

Kaska waived his right to appeal and acknowledged the victim and her parents’ right to make sentencing recommendations.

Kaska’s plea comes after a series of charges, 12 in all, including multiple counts of first-degree rape and aggravated incest, dating back to 2012. In 2022, Kaska was investigated for allegedly assisting at a home daycare in Watertown, which is illegal for registered sex offenders. Despite sufficient evidence, he was not charged in that case.

The state has agreed to request a sentence of no more than thirty years in prison and will dismiss the remaining counts of the indictment at sentencing. A sentencing court date has yet to be scheduled.