The Ada, Minn., police chief appears in a group photo holding what looks like an open beer can on a public sidewalk across from the Fargodome.
Fargo city ordinance prohibits consuming alcohol or having an open, nonempty alcohol container on any public sidewalk.
The photo was posted on the Web site of Fargo country music station Bob 95 FM, along with other photos from the June 20 Kenny Chesney concert during which
Ada Police Chief Wade Krohmer's wife and son were arrested.
A phone message left for Krohmer at his office Thursday seeking comment on the photo was not returned. When reached by phone Friday, Krohmer said, "I've got no comment," and hung up.
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Bob 95 morning show host John Austin, who also is operations manager of Radio Fargo-Moorhead's four FM stations, said he believed the photo was taken in front of Buffalo Wild Wings at 1515 19th Ave. N. before the concert.
"And I don't know where they got the beer, to be honest with you," he said.
Speaking hypothetically, Fargo police Sgt. Ross Renner said officers wouldn't arrest someone based on such a photo because of the difficulty of proving if it indeed was an open container and whether there was any alcohol inside.
"Certainly, the mere possession of an empty beer can with no alcohol in it isn't a crime," he said.
Standing with Krohmer in the picture are his wife, Susan, his son, Justin, and an unidentified woman.
Justin Krohmer, 26, a Stark County, N.D., sheriff's deputy, and Susan Krohmer, 47, were arrested during the concert.
Police said Justin Krohmer was asked to leave the dome after vomiting on concertgoers in front of him but refused to do so.
His family then intervened, and his mother "was physically pushing the police officers while they were dealing with Justin," Fargo police Sgt. Mark Lykken said Monday.
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Justin Krohmer, of Dickinson, N.D., is charged in Fargo Municipal Court with resisting an officer and disorderly conduct, both misdemeanors.
Susan Krohmer is charged with disorderly conduct and obstruction, an infraction. The charging document states that she "grabbed, pulled and pushed officers and screamed profanities."
The Krohmers' listed home phone number in Ada is disconnected. Justin Krohmer did not return a message left on his cell phone Friday.
Fargo police won't say whether Wade Krohmer was present when the alleged incident took place because police typically don't release the names of witnesses. Renner said the photo "really doesn't have a bearing on the other case that we're dealing with right now."
Ada Mayor Jim Ellefson said Thursday he hadn't seen the photo and couldn't say whether the council would discuss it. He did not return a message left on his cell phone Friday after the photo was e-mailed to him.
As for the alleged dome incident, "we're not aware that it involved the police chief at this time," he said Thursday.
"I can tell you the council hasn't met to discuss this, and I feel it's an unfortunate situation for all involved, and I hope it doesn't reflect on the good people of the city of Ada," Ellefson said.
On Thursday, the full-size image of the photo was replaced on the Web site with a photo of Bob 95's puppet mascot because one of the station's competitors had linked to it from their site, Austin said.
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After Austin spoke to The Forum on Friday afternoon, the full-size photo was reposted on Bob 95's Web site.
Stark County Sheriff Clarence Tuhy said Justin Krohmer remains on duty.
"I'll be reviewing the reports and then I'll deal with it," he said.