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Beltrami County District Court week of Jan. 24, 2010

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Park Rapids, 56470
Park Rapids Minnesota PO Box 111 56470

In Beltrami County District Court before Judge Paul Benshoof:

Sarah Patricia Smith, 25, of Kelliher, pleaded guilty Dec. 15 and was sentenced Jan. 19, for felony fifth-degree drug procure/possess/control by fraud or deceit.

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She was granted a stay of adjudication, with successful completion of probation resulting in a dismissal. She must serve four days in jail; placed on probation to the courts for five years; pay a fine of $250; follow all instructions of probation; complete 100 hours of community service work; submit to random testing and searches and remain law-abiding.

On April 29, a Blackduck Police officer was called to investigate an altered prescription for Vicodin at a local pharmacy. According to a woman at the pharmacy, Smith had entered the pharmacy and handed the pharmacist a prescription from a local dentist for 25 tablets of Vicodin. The amount appeared to be altered. The dentist reviewed his records and determined that he had written a prescription for 15 tablets for Smith.

Tony Lee Iverson, 43, of Bagley, pleaded guilty Dec. 15 and was sentenced Jan. 19 for an amended charge of felony aiding an offender - accomplice after the fact. The original charge was felony third-degree burglary.

He was sentenced to 366 days in prison, stayed for four years. He must serve 27 days in jail; given credit for three days served; granted furlough for doctor/dentist appointment; four years of supervised probation; pay a fine of $1,483; STS granted; follow all instructions of probation; pay $900 restitution joint and several with a separate case; submit a DNA sample and remain law-abiding.

At 5:35 p.m. Aug. 1, a Beltrami County Sheriff's deputy was dispatched to a local gas station in response to a burglary. The burglary had occurred the previous night, but employees had just discovered it. Security videos showed two individuals enter the locked gas station at 11:16 p.m. July 30. One of the burglars, a female with a pony tail, was familiar with the security system at the store as she went immediately to the touch pad for the alarm and entered a numeric code to disable it. The woman was later identified as a former employee of the store. The store manager was unable to identify the man, because he had a hood over his head. The two individuals took large quantities of Minnesota Lottery scratch tickets and cigarettes, as well as other items from the store. The woman was located and arrested. She confessed her role in the burglary. She named her accomplice as Iverson. Iverson has a previous history of felony theft and drug offenses, for which he has been committed to prison. Iverson was located and arrested on Aug. 11. He denied any involvement in the burglary, denied having cashed in a lottery ticket. He said he was 110 percent sure that he would never appear on a video cashing a lottery ticket. It was learned by the deputies that one or more of the tickets had been cashed at a convenience store in Mahnomen. The man who had cashed them was photographed by surveillance cashing the tickets and was subsequently identified as Iverson.

Kyle Ole Davis, 20, of Bemidji, pleaded guilty Dec. 7 and was sentenced Jan. 19, for felony third-degree burglary-.

He was granted a stay of imposition, with successful completion of probation resulting in a misdemeanor conviction. He must serve 27 days on work release with credit for three days served; five years of supervised probation; pay a fine of $1,083; Sentence To Service granted for $1,000 of fine; follow all conditions of probation; restitution reserved, once certificate of restitution filed, defendant has 30 days to request a hearing; no contact with victims; submit a DNA sample; remain law-abiding and must stay a reasonable distance away from the victim's residence.

At 6:30 p.m. June 5, a Beltrami County Sheriff's deputy responded to a call regarding stolen property. A man reported that he noticed his fishing tackle box was missing from his boat. The box was valued at $1,000. At 8 p.m., the man called the deputy back and stated that Davis had some of his tackle and lures in the back of his car. The man confronted Davis about stealing his tackle box, and Davis became defensive and identified a second man as the person who stole the tackle box. That man confessed that he and Davis had entered the man's garage without permission and stolen the tackle box. They split up the goods and brought them to a local pawn shop for some quick cash to buy gasoline. Davis admitted to pawning the man's fishing gear, but blamed the other man for the theft. Another man stepped forward and said he was in Davis's car and had observed Davis and the other man break into the garage and steal the equipment.

In a separate incident, two counts of felony receiving stolen property were dismissed Jan. 20.

Guy Bazille Beaulieu, 45, of Walker, pleaded guilty and was sentenced Jan. 19 for gross misdemeanor second-degree DWI.

He was sentenced to one year in jail, of which 275 days were stayed for four years. He must serve 86 days in jail with credit for four days served; placed on probation to the courts for four years; pay a fine of $1,108; Sentenced To Service granted for $1,000 of fine; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; complete chemical dependency evaluation/treatment within 30 days of being released and treatment immediately if recommended; complete aftercare and not have any same or similar offenses.

At 11:28 p.m. Dec. 18, a Beltrami County Sheriff's deputy saw a vehicle traveling east on U.S. Highway 2 at 50 mph in a 65 mph zone. The vehicle then decreased its speed to 40 mph. The deputy observed the vehicle weaving in its lane and crossing the fog line and initiated a traffic stop. The driver was identified as Beaulieu, who displayed the odor of alcohol, bloodshot, watery eyes and slurred speech. He admitted that he had been drinking. He failed field sobriety tests and registered a preliminary blood alcohol concentration of more than .08. He was arrested and transported to the Beltrami County Jail where he registered a .24 blood alcohol concentration. He has five prior DWI convictions.

Daniel Joseph Schmerbeck, 23, of Bemidji, pleaded innocent Jan. 19 to felony domestic assault. His next court date will be March 9.

According to the criminal complaint, at 8:47 a.m. Nov. 8, Bemidji Police officers responded to a report of a domestic assault. A woman reported that she had been assaulted by Schmerbeck the night before at a residence located on the 800 block of Irvine Ave. N.W. The woman was crying and had visible bruising on her face and neck. She reported that the night of Nov. 7, she and Schmerbeck were celebrating her birthday at his mother's house. They decided to leave and go to a bar. The woman reported that Schmerbeck had been drinking alcohol all day, and at some point she lost track of him at the bar. A friend brought the woman back to the house. When she got to the house, Schmerbeck dragged her by her hair into the upstairs bedroom. She reported that Schmerbeck assaulted her with his hands and feet and a handgun. He used the handgun to strike her on the back of the head. The woman's friend heard the fight and went to the house. She brought the woman to her home. Schmerbeck was located and arrested. He smelled of alcohol and had admitted to drinking on Nov. 7. He registered a preliminary breath alcohol concentration of .034. He has prior convictions and was adjudicated delinquent for a qualified domestic violence related offense in 2002. In addition he is on supervised probation for a gross misdemeanor domestic assault and received a stay of adjudication on a fifth-degree domestic assault against the woman.

Wesley Dale May, 36, of Bemidji, pleaded innocent Jan. 19 to felony first-degree DWI within 10 years of three or more qualified prior impaired driving incidents. His next court date will be March 9.

According to the criminal complaint, at 8:30 p.m. Sept. 8, 2009, a Bemidji Police officer saw a vehicle travel through an intersection without stopping at the sign. The vehicle was traveling at such a speed that it appeared to bottom out when it struck the crown of the road on Fifth Street. The driver then jerked the vehicle to the left. The officer initiated a traffic stop and identified the driver as May. May said he had been unable to stop his car at the intersection of Park Avenue and Fifth Street and explained that his car just skidded and he wasn't sure why. The officer observed the odor of alcohol and that May had bloodshot, watery eyes, slurred speech, appeared to be nervous and was shaking uncontrollably. He failed field sobriety tests and registered a preliminary blood alcohol concentration of .125. He was arrested and transported to the Beltrami County Jail where he refused to participate in further tests. He has five prior DWI convictions.

Derrick Emerson Smith, 24, of Bemidji, pleaded guilty Dec. 29 and was sentenced Jan. 19 for felony theft of a motor vehicle.

He was sentenced to 17 months in prison, which was stayed for five years. He must serve 28 days in jail with credit for 57 days served; supervised probation for five years; pay a fine of $1,083; follow all instructions of probation; restitution reserved; complete inpatient treatment immediately; complete aftercare; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; not have any contact with the victim; complete cognitive skills training at the directive of Department of Corrections; remain law-abiding and submit a DNA sample.

At 8:43 a.m. April 24, a vehicle was reported stolen by its owner. Another woman said she arrived home to find Smith and a woman attempting to get into a locked vehicle. She noted that Smith could not get into the vehicle, so he broke out the passenger side window. On April 26, Itasca County Sheriff's deputies responded to an assault in Ball Club. One of the individuals involved was Smith, who requested that the officers tow his vehicle from the residence where the altercation had taken place. Smith had changed the plates on the stolen vehicle, so that the theft would go undetected.

In a separate case, Smith pleaded guilty Dec. 29 and was sentenced Jan. 20 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail, of which 281 days were stayed for three years. He must serve 28 days in jail; placed on supervised probation for three years; pay a fine of $608 and follow all of the conditions from the case above.

At 2:11 p.m. Nov. 25, 2009, a Minnesota State Patrol trooper saw a vehicle drive through an intersection without yielding the right-of-way to traffic on Irvine Avenue. The driver's failure to yield caused the driver of a truck to suddenly brake to avoid a collision. The trooper initiated a traffic stop and identified the driver as Smith, who had bloodshot watery eyes and slurred speech. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .231. He was arrested and transported to the Beltrami County Jail where he registered a .21 blood alcohol concentration. At the time of his arrest his driving privileges were revoked.

Mishaun Arlyn Nedeau, 20, of Redby, pleaded guilty Dec. 15 and sentenced Jan. 19 for gross misdemeanor fleeing a peace officer in a motor vehicle.

She was sentenced to one year in jail, of which 350 days were stayed for two years. She must serve 12 days on work release; granted credit for three days served; pay a fine of $583; Sentenced To Service granted for $500 of fine; placed on probation to the courts for two years; remain law-abiding; not drive without insurance; have no driver's license violations.

At 2:30 p.m. Oct. 18, a Beltrami County Sheriff's deputy saw a vehicle traveling north on state Highway 89 towards him at 69 mph in a 55-mph zone. The deputy turned his squad car around and activated his emergency lights and initiated a traffic stop. The vehicle had four occupants. The deputy approached the driver, subsequently identified as Neadeau, and advised her of the reason for the stop. Neadeau did not have any identification on her, so she wrote her information on a piece of paper. One of the passengers in the car was identified as having an outstanding warrant for his arrest. The front seat passenger had slurred speech, bloodshot watery eyes and appeared to be intoxicated. While the deputy was talking to Neadeau, the front seat passenger exited the vehicle holding a 1.75 liter bottle of rum and attempted to walk to the front of the vehicle. The deputy instructed him to stop, and he was subsequently restrained. While the deputy was arresting the man, Neadeau pulled out into the lane of traffic. The deputy shouted for her to stop. She stopped for three seconds and then accelerated rapidly and fled the scene. Her driving privileges are suspended by the Commissioner of Public Safety.

In Beltrami County District Court before Judge Shari Schlucther:

Gary Allen Moe, 63, of Bemidji, pleaded guilty and was sentenced Jan. 13 for gross misdemeanor driving after cancellation as inimical to public safety and petty misdemeanor traffic regulation -passing a parked emergency vehicle.

He was sentenced to one year in jail, of which 355 days were stayed for two years. He must serve 10 days in jail; placed on probation to the courts for two years; pay a fine of $183; to be served concurrently with a separate case; remain law-abiding; not have driver license violations and not drive without insurance.

At 1:30 p.m. Oct. 28, 2009, a Minnesota State patrol trooper was conducting a traffic stop on the shoulder of U.S. Highway 2 W. A vehicle passed the trooper without pulling over into the adjacent lane or slowing down. The trooper initiated a traffic stop and identified the driver as Moe, whose driving privileges were cancelled as inimical to public safety.

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