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Beltrami County District Court week of May 9

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Beltrami County District Court week of May 9
Park Rapids Minnesota PO Box 111 56470

In Beltrami County District Court before Judge Paul Benshoof:

Carey Sue Bos, 34, of Brainerd, Minn., pleaded innocent May 3 to two counts of felony theft by swindle. Her next court date will be June 1.

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According to the criminal complaint, at 10:30 p.m. Aug. 21, a Beltrami County Sheriff's deputy responded to call from a local resort. Bos and her family had stayed for one week at the resort, and she agreed to pay the rental fee prior to leaving. The manager observed the family loading their vehicle to leave at 10:15 p.m. Aug. 21 and noted that their behavior was unusual in that most resort guests leave during the day. He watched the family leave the resort without paying the bill of $1,332.68. Deputies were able to locate the vehicle and arrested Bos. They brought her back to the resort to pay the bill, where she refused to pay.

Todd William Pemberton Jr., 18, of Cass Lake, pleaded innocent May 3 to felony first-degree assault causing great bodily harm and felony second-degree assault with a dangerous weapon causing substantial bodily harm. His next court date will be June 1.

According to the criminal complaint, at 1:30 a.m. Jan. 2, Beltrami County Sheriff's deputies and Leech Lake Tribal Police were dispatched to the Indian Health Services hospital in Cass Lake regarding an assault complaint. Upon arrival, they were told a man has been stabbed twice in his chest and had been sent to North Country Regional Hospital. The victim suffered significant injuries to his lungs and internal organs. The officers were able to obtain a statement from him. He said he was at a house on the 4000 block of Kappes Lane with six men, including Pemberton. They were all drinking and talking when he and Pemberton got into a verbal altercation which turned into a mutual fight. Blows were exchanged inside the residence and then the fight ended. After a short while, the victim tried to speak to Pemberton and Pemberton responded by stabbing him in the chest twice. He then fled the residence in order to seek medical attention for his injuries. A statement was obtained from one of the men present during the fight. He confirmed the fight had ended between the victim and Pemberton and that later he observed the victim attempt to speak to Pemberton. He said he then saw Pemberton quickly strike the victim's chest twice.

Tammie Kay Hanson, 38, of Bemidji, pleaded innocent May 4, to felony theft by check. Her next court date will be June 1.

According to the criminal complaint, between September and December, Hanson wrote numerous checks to local businesses on an account with insufficient funds. She wrote a total of $2,448.70 in checks to four different businesses in the Bemidji area. Each check was returned NSF.

Leslie Jamie Balcer, 35, of Bemidji, pleaded guilty May 4 to felony domestic assault. His next court date will be June 7.

At 8:30 p.m. April 17, Bemidji Police officers responded to a call regarding a domestic assault on the 1000 block of Bemidji Avenue North. By the time the officers had arrived, Balcer had fled the scene on a bicycle. One of the officers stayed to speak with the victim, while the other one went to find Balcer. The woman stated that Balcer had arrived home earlier in the evening and was intoxicated after consuming alcohol all day. She took the remaining alcohol and poured it down the drain. Balcer became angry and out of control and made threats. She said she attempted to call the police and Balcer grabbed the phone away from her and pulled the cord out of the wall. Balcer then pushed her up against a wall and grabbed her neck with both hands and slammed her into the wall. He finally let go of her and she was able to contact law enforcement. He fled the scene. The woman had red marks around her neck. Balcer was found and displayed a strong odor of alcohol. He has a prior conviction for fifth-degree domestic assault and a prior conviction for violation of a order for protection.

Anthony Curtis Perez, 26, of Bemidji, pleaded innocent May 4, to felony-fifth degree drugs - sale of marijuana mixture - and gross misdemeanor contributing to the need for child protection or services. His next court date will be Aug. 24.

According to the criminal complaint, on Jan. 14, a Paul Bunyan Drug Task Force applied for and obtained a search warrant for a residence on the 8400 block of Thompson Court Northwest. The residence belonged to Perez and another person. At 7:10 p.m. the warrant was executed by agents who began searching the residence. At 7:35 p.m. Perez and the other resident and their children returned home. Deputies explained the search warrant, and Perez uttered spontaneously that he had a "medical use care" for marijuana from the state of California and that he is currently fighting similar charges in Mahnomen County. Agents seized drug paraphernalia, plastic wrap/packaging, a cell phone, a marijuana grinder, baggies with suspected marijuana and two large bags of suspected marijuana which were located in the main floor bedroom on a shelf. The bags weighed 10.6 ounces and 12.9 ounces. The material tested positive for a presence of presence of THC. Agents observed three young children who resided in the home where the marijuana was stored. Perez and the other resident were arrested and transported to the Beltrami County Jail. Relatives took temporary custody of the children. Perez said the marijuana belonged to him and admitted to distributing marijuana in the area.

Wesley Dale May, 36, of Bemidji, pleaded guilty March 9 and was sentenced May 4 for felony first-degree DWI within 10 years of three or more qualified prior impaired driving incidents.

He was sentenced to 66 months in prison with credit for five days served; conditional release after confinement has been set at five years, to be served concurrently with a separate case; submit a DNA sample and pay a fine of $133.

At 8:30 p.m. Sept. 8, 2009, May was arrested for DWI. He failed field sobriety tests. He refused to test at the jail. He has five prior DWI convictions from June 1993, April 1994, May 2002, July 2006 and November 2007. His license is cancelled as inimical to public safety.

Brian John Williams, 44, of Bemidji, pleaded guilty and was sentenced May 3, for an amended charge of gross misdemeanor third-degree DWI. The original charge was for gross misdemeanor second-degree DWI - refusal to submit to testing and gross misdemeanor driving after cancellation as inimical to public safety.

He was sentenced to one year in jail, of which 335 days were stayed for four years. He must serve 30 days in jail; Sentence To Serrve granted for $750 of fine; placed on probation to the courts for four years; pay a fine of $858 and comply with all standard conditions of probation.

At 6 a.m. Nov. 14, Williams was arrested for second-degree DWI. He failed field sobriety tests and refused to test at the Beltrami County Jail.

Renee May, 36, of Bemidji, pleaded guilty and was sentenced May 4 for gross misdemeanor third-degree DWI.

She was sentenced to one year in jail, of which 355 days were stayed for three years. She must serve 10 days in jail; placed on probation to the courts for three years; pay a fine of $608 and comply with all standard conditions of probation.

At 1:27 a.m. Dec. 4, Bemidji Police officers arrested May for third-degree DWI. She failed field sobriety tests.

In Beltrami County District Court before Judge Shari Schluchter:

Dale Allen Amolins, 49, of Bemidji, pleaded guilty and was sentenced May 4 for gross misdemeanor criminal vehicular homicide or operation - operate motor vehicle with alcohol concentration of .08 or more and gross misdemeanor driving after cancellation as inimical to public safety.

For count one, he was sentenced to one year in jail, of which 335 days were stayed for six years. He must serve 30 days on Sentence To Serve; granted Community Work Service to pay the fine of $858; placed on probation to the courts for six years; pay restitution of $2,746.78; complete chemical dependency evaluation and treatment and follow all recommendations and all standard conditions of probation. For count two, he was sentenced to one year in jail, of which 335 days were stayed for two years; placed on probation to the courts for two years; pay a fine of $350 and follow all conditions of probation.

At 10 a.m. Jan. 6, Amolins was driving a vehicle south on state Highway 197 in Bemidji. Amolins was under the influence of alcohol. Additionally, Amolins' driving privileges were cancelled as inimical to public safety, due to five prior DWI convictions. Amolins sped past a vehicle being driven by a man and did not slow down as he approached the intersection of Highway 197 and First Street South. The light at the intersection was red for vehicles southbound on Highway 197. At least two vehicles were already stopped at the intersection. Amolins slammed into the rearmost stopped vehicle. The force of the collision pushed that car into the rear of another car. A Bemidji Police officer arrived at the scene and while speaking to Amolins, noticed the odor of alcohol and slurred speech. The victim in the first car suffered a bloody nose as a result of striking an interior portion of his own car.

Derick Jay Borntrager, 23, of Cass Lake, pleaded guilty May 4 to gross misdemeanor third-degree damage to property. His next court date will be June 28.

At 10 p.m. June 16, a Blackduck Police officer contacted a man in regard to property damage that occurred in the parking lot of the American Legion. The man explained that he and a friend were sitting in his vehicle when they were confronted by Borntrager. He began accusing the man of breaking some windows out of his vehicle several weeks earlier. The man attempted to leave the parking lot to avoid further confrontation. Borntrager swung his closed fist and shattered the passenger side window of the truck, the man continued to drive away and Borntrager broke the driver's side window out. Damages were estimated at approximately $581.38.

Scott Alan O'Dell Jr., 27, of Bemidji, pleaded guilty May 4 to felony fifth-degree possession of drugs. His next court date will be June 7.

At 11 p.m. Jan. 13, a Beltrami County Sheriff 's deputy traveling east on Grange Road saw a vehicle parked at the residence of a person who has been under multiple narcotics investigations. The vehicle then traveled west from the residence at a high rate of speed. The deputy encountered the same vehicle traveling west on Grange Road onto Coyote Road Northwest. The vehicle turned onto Coyote Road where it traveled at varying speeds of 12-17 mph, which appeared unusual since the posted speed limit was 55 mph. The vehicle continued at a slow rate and turned into a residence on the 13000 block of Coyote Road Northwest. The deputy pulled in behind the vehicle and approached the driver's side. The car was occupied by a female driver and a male passenger. The deputy observed a large ziplock style bag containing several prescription bottles of various sorts. The woman was subsequently identified and arrested on separate charges. The passenger was identified as O'Dell. The deputy observed an open bottle of tequila in the back seat. O'Dell had conditions pertaining to no use of alcohol beverages. He acknowledged owning the car. He was extremely fidgety, his eyes were dilated and he appeared to be under the influence of a controlled substance. O'Dell informed the deputy that he and the woman had just been at a residence where people had been smoking marijuana and methamphetamine. O'Dell said this narcotic activity had occurred within the last half hour. He said there were no drugs or narcotics in his vehicle and the deputy was free to search it. A search of the vehicle yielded a spoon, three hypodermic syringes and five small baggies containing methamphetamine under the seat O'Dell had been sitting in. He was arrested and jailed. He has prior DWI convictions.

Jennifer Elizabeth Rogers, 21, of Hines, pleaded guilty May 4 to felony fifth-degree drugs -procure, possess or control by fraud or deceit. Her next court date will be June 7.

At 11:15 a.m. March 15, a Beltrami County Sheriff's deputy responded to a drug store in Blackduck for a report of suspected prescription fraud. While en route, the deputy spoke with the pharmacist on the phone that Rogers had presented a prescription for 15 Vicodin tablets from a local dentist. The pharmacist believed that the document had been altered. The officer arrived at the scene and witnessed a women getting into a vehicle in front of the store. The deputy ran the plates of the vehicle and verified the ownership of the vehicle. He then went into the pharmacy and verified the prescription looked to be forged, as a number one was added in front of a five with a different color ink then the rest of the prescription. The dentist was contacted and confirmed that he had written the prescription for five Vicodin, not 15. The pharmacist provided a description of the woman, which matched the woman the deputy had seen getting into the vehicle. The deputy proceeded to the residence of the owner of the car and met with Rogers. Rogers immediately and spontaneously asked the deputy if "this was about the 1?" She said she felt the number of Vicodin was insufficient to meet her pain needs. She was arrested and transported to the Beltrami County Jail.

David Lee King, 27, of Bemidji, pleaded guilty May 4 to felony theft of a motor vehicle. His next court date will be May 11.

At 7:40 a.m. Nov. 2, 2008, the Beltrami County Sheriff's Office was contacted by a woman who reported that her vehicle had been stolen by King. A short time later, the woman called back to say that King had dropped off the vehicle by a friend's house in Skyline Village. The woman decided to press charges and provided a statement to the officers. She reported that she had gotten up early on Nov. 2 and noticed her vehicle was missing. She then went to her purse and found her keys were gone along with $100 from her wallet. There was also a bottle of brandy and a cell phone missing.

Cheryl Lynn Preston, 40, of Cass Lake, pleaded guilty May 4 to one count of felony criminal vehicular homicide or operation of a vehicle with negligence under the influence of alcohol or controlled substance. A second count of felony criminal vehicular homicide or operation - operating a motor vehicle with alcohol concentration of .08 or more is scheduled to be dismissed at sentencing. Her next court date will be June 7.

On Oct. 16, a Beltrami County Sheriff's deputy was dispatched to the scene of a single-car accident on Littlers Road. At the scene, the Cass Lake Ambulance personnel told the deputy they had removed from the vehicle a male passenger with a broken arm. A woman, who was believed to be the driver, had gone into the woods nearby. The deputy located the woman near the car. She had a set of car keys in her hand. She was identified as Preston. The deputy spoke with the passenger who said the woman was the driver of the vehicle at the time of the accident. He told the deputy that he, Preston and another man had left a nearby residence. He had attempted to get the keys from Preston, but she insisted on driving. He reported that Preston had pulled onto Littlers Road, accelerated to the point where she lost control of the vehicle and crashed into the woods. She then attempted to back the vehicle out of the woods, but was unsuccessful. The deputy noticed the vehicle had its rear lights illuminated. He took the keys from Preston and inserted them into the ignition. She registered a preliminary breath alcohol concentration of .21 and was arrested and transported to North Country Regional Hospital. At the hospital, her blood was drawn. She had one prior DWI conviction. One of the passengers suffered a broken wrist.

Brent Lee Sigana, 28, of Red Lake, pleaded guilty and was sentenced May 4 for gross misdemeanor giving a peace officer a false name.

He was sentenced to one year in jail, of which 350 days were stayed for two years. He must serve 12 days on work release with credit for three days served; may serve in another county if at no expense to Beltrami County; placed on probation to the courts for two years; pay a fine of $833 and remain law-abiding.

At 5 p.m. March 15, a Beltrami County Sheriff's deputy initiated a traffic stop for a vehicle that was travelling above the posted speed limit. The passenger in the backseat of the vehicle identified himself with a false name, but said he had invalid driving privileges. The deputy checked the name against records and found that the photograph and description did not match that of the man in the back seat. It was later determined that the passenger was Sigana, who was on federal probation and was recently released from prison.

Kaitlin Fay Connolly, 25, of Bemidji, pleaded guilty and was sentenced May 4 for gross misdemeanor theft by check.

She was sentenced to one year in jail, of which 356 days were stayed for two years; she must serve seven days in jail with credit for 14 days served; placed on supervised probation for two years; pay a fine of $133; remain law-abiding; pay restitution and complete 42 hours of Community Work Service.

Between February and March 2009, she wrote numerous checks amounting to $863.82, against a closed account.

Justin Caine Reed, 31, of Bemidji, pleaded guilty May 4 to felony domestic assault and felony fifth-degree drugs possession. His next court date will be June 28.

At 9:10 a.m. March 11, Bemidji Police officers responded to a report of a domestic assault in progress on the 100 block of Lincoln Avenue Southeast. The officer observed bruising around the woman's face and neck. She said she had been assaulted by Reed. The woman said she had been granted an order for protection against Reed earlier because she was fearful for her safety and previous threats of violence. Reed was arrested and transported to the Beltrami County Jail. He had an outstanding warrant for his arrest in Hubbard County. The officer seized a small amount of methamphetamine contained in a dollar bill rolled up tightly like a tube.

He has prior convictions for domestic assault, violation of an order for protection, gross misdemeanor domestic assault, misdemeanor assault. He was arrested for domestic battery in Florida and he has an outstanding warrant for a traffic citation in St. Louis County.

Curtis Eugene Isham Jr., 33, of Cass Lake, pleaded guilty and was sentenced May 4 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 88 days in jail with credit for two days served; placed on four years of supervised probation; granted furlough to attend treatment; granted work release; sentence to be served consecutively with a separate case; pay a fine of $1,108; comply with all standard conditions of probation.

At 10:03 a.m. March 18, Isham was arrested for DWI. He has two prior DWIs and his license was revoked.

Chad Philip Rudduck, 29, of Bemidji, pleaded guilty and was sentenced May 4 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail, of which 335 days were stayed for three years. He must serve 27 days in jail with credit for three days served; placed on probation to the courts for three years; granted work release; pay a fine of $858 and comply with all standard conditions of probation.

At 1:38 a.m. March 13, a Beltrami County Sheriff's deputy saw a speeding vehicle approaching. The vehicle was traveling at 50 mph in a 35 mph zone. The deputy initiated a traffic stop and identified the driver as Rudduck, who displayed the odor of alcohol, bloodshot, watery eyes, slurred speech and seemed lethargic. He failed field sobriety tests and was arrested and transported to the Beltrami County Jail.

He has one prior DWI conviction.

Craig Lance Biberg, 35, of Blackduck, pleaded guilty and was sentenced May 4 for gross misdemeanor second-degree DWI - refusal to submit to testing.

He was sentenced to one year in jail, of which 271 days were stayed for four years. He must serve two months and five days in jail with credit for 35 days served; sentence to be served consecutively with a separate case; pay a fine of $1,108 and comply with all standard conditions of probation.

At 3:30 p.m. March 31, Biberg was arrested for driving while intoxicated. He refused to submit to any testing.

In Itasca County Court:

Peggy Lee Reiger, 37, of Deer River, Minn., was found guilty by a jury of felony theft. She will be sentenced June 21.

On Dec. 19, 2008, security officials from a grocery store in Deer River, received information that Reiger, a cashier at the store, had been ringing off coupons in order to steal money. Store officials also noted that she would also ring off coupons to help people she knew save money on their groceries. Security officers spoke with her about taking the money and she said the first time she did it was in December and that she used the coupons to manipulate the registers. She stated that she stole about $10-$20 per day. She said she had been under-ringing for acquaintances during the last year and that she had given away approximately $1,500 worth of groceries, with the total theft of $1,943.31. The police were called and Reiger admitted what she had done to the officer. She has a prior conviction for felony theft.

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