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Beltrami County Court report for March 8

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Beltrami County Court report for March 8
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Paul Benshoof:

Carl Peter Taylor, 41, of Bemidji, pleaded guilty Feb. 2 and was sentenced Feb. 27 for gross misdemeanor domestic assault and gross misdemeanor emergency telephone calls, interfering with a 911 call. He was sentenced to one year in jail, of which 283 days are stayed for two years and two years of supervised probation.

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He must serve two months in jail with credit for 27 days served, pay a fine of $391, complete domestic abuse counseling and treatment, not have any contact with the victim, not enter victim's residence, not enter or call other party's place of employment, follow all instructions of probation, remain law-abiding, not shift, transport, possess or receive firearms or ammunition and not violate any no-contact order.

At 11:19 p.m. Dec. 18, Beltrami County Sheriff's deputies were dispatched to a residence where 911 calls had been placed. The dispatcher could hear a female screaming for help in the background. A female successfully completed the 911 call and indicated she had been assaulted by Taylor. She indicated that after an argument over a sewing machine earlier in the day, Taylor had repeatedly threatened her and gestured as if he was about to strike her. When she attempted to contact 911, Taylor took the phone away and hung it up. Taylor fled the residence and was found at a nearby residence. He was arrested and transported to the jail. He admitted that he had taken the telephone away from the female, as she was attempting to contact 911, because he did not want law enforcement to come. He has a prior conviction for fifth degree domestic assault.

In a separate incident, Taylor pleaded guilty Feb. 2 and was sentenced Feb. 27 for gross misdemeanor domestic abuse-violation of no-contact order. His sentence will run concurrently with the incident listed above.

He must follow all of the conditions listed above and pay a fine of $383.

At 4:55 p.m. Dec. 22, the Bemidji Police Department was contacted by a female, who stated that Taylor had been trying to speak to her on the telephone several times throughout the day, in direct violation of a no-contact order. She reported that Taylor had called her and asked her for some warm clothes and the opportunity to see his children. She told Taylor at that time that he was not to contact her. He called her from a cell phone borrowed from a separate female. The female stated that she had given Taylor a ride to his residence on two separate occasions. On each occasion, Taylor had attempted to gain entrance to the victim's residence. She also said that Taylor had placed several calls on her phone. She stated that the person hung up on him.

In Beltrami County District Court before Judge Shari Schluchter:

Lawrence Carl Lyseng, 70, of Bemidji, pleaded guilty and was sentenced Feb. 9 for felony criminal vehicular operation on March 4, 2008. He was sentenced to one year in jail of which 339 days are stayed for four years and four years of supervised probation.

He must serve 30 days in jail, 60 days left to be imposed on the staggered sentence, he must return to court March 1, 2010, with two letters from people confirming sobriety, pay a fine of $583, restitution reserved, not use alcohol, not enter bars or liquor stores, submit to random testing, remain law-abiding, complete treatment and aftercare, follow all instructions of probation and not drive a motor vehicle.

On Nov. 14, Lyseng was involved in a crash, in which he ignored a stop sign at the intersection of Carr Lake Road and state Highway 197. A southbound vehicle struck Lyseng's vehicle on the passenger side. The impact caused the southbound vehicle to deploy its airbags and Lyseng's vehicle went into the ditch. The female driver of the southbound vehicle was injured and transported to the North Country Regional Hospital. Law enforcement interviewed two witnesses who confirmed that Lyseng disobeyed the stop sign and caused the accident. Lyseng was under the influence of alcohol at the time of the crash. A sample of blood was seized by a Minnesota State Patrol trooper at the hospital. It was analyzed by the Bureau of Criminal Apprehension and registered a blood alcohol concentration of .21. He has six prior DWI convictions.

Victor Arnold Lynne IV, 32, of Redby, pleaded guilty Feb. 10 and was sentenced March 3 for felony fifth-degree possession of drugs. He was sentenced to 180 days in jail and 10 years of supervised probation.

He must serve 61 days in jail with credit for 119 days served, pay a fine of $1,083, not use alcohol or controlled substances, submit to random testing and searches, not enter bars or liquor stores and remain law-abiding, submit a DNA sample and complete treatment and aftercare.

At 1 p.m. Nov. 5, a Beltrami County Sheriff's deputy was on routine patrol and observed a vehicle traveling west on Roosevelt Road Southeast. As the vehicle passed the squad car, the deputy identified the driver as Lynne. Knowing that Lynne had multiple outstanding felony warrants, the deputy activated emergency lights. The vehicle stopped in the driveway of a residence on the 700 block of Swenson Road Southeast. The deputy directed Lynne to exit the vehicle. Lynne complied and the deputy arrested him for the outstanding warrants. The deputy seized a small glass pipe containing methamphetamine residue from Lynne's person incident to the arrest. The glass pipe tested positive for meth. Lynne has prior convictions for possession of meth.

In a separate incident, Lynne, pleaded guilty Feb. 10 and was sentenced March 3 for felony fifth-degree possession of drugs. He was sentenced to 180 days in jail and 10 years of supervised probation, to run concurrently with the case above.

He must pay a fine of $1,080 and follow all of the above conditions including all instructions of probation.

On March 23, a Beltrami County Sheriff's deputy initiated a traffic stop for a vehicle driving at 72 mph in a 55 mph zone. The driver was identified by his driver's license as Lynne. He was unable to provide current proof of insurance for the vehicle, so the vehicle was impounded. Lynne was free to go and began walking. The vehicle was readied for towing and a meth pipe, as well as a small bindle containing meth residue, was discovered. The deputies found Lynne walking along the roadside and arrested him for possession. A search was conducted of his person and a small amount of meth was found in a baggie in Lynne's billfold. He was arrested and transported to the Beltrami County Jail. He has two prior convictions for possession of meth.

George Allen Martin, 20, of Bemidji, pleaded guilty and was sentenced on March 2 for gross misdemeanor giving a peace officer a false name. He was sentenced to one year in jail, of which 322 days are stayed for two years and placed on probation to the court for two years.

He must serve 37 days in jail with credit for 37 days served, pay a fine of $533 and remain law-abiding.

On Jan. 25, a Beltrami County Sheriff's deputy initiated a traffic stop on a vehicle with no front license plate. The passenger in the vehicle, subsequently identified as Martin, gave a false name and birth date to the deputy. He was placed under arrest and transported to the Beltrami County Jail where Martin gave his real name and birth date. He currently has an active warrant for his arrest in Clearwater County.

Matthew Howard Black, 23, of Solway, pleaded guilty March 2 for gross misdemeanor fifth-degree criminal sexual conduct - non consensual sexual contact. His next court date will be May 4.

At 3 p.m. Aug. 20, a Beltrami County Sheriff's deputy met with a female at the Law Enforcement Center. The female wished to discuss an alleged sexual assault that occurred on Aug. 16. She reported that on Aug. 15, Black called her to invite her to a party. She reported that Black told her that there would be alcohol consumed during the party and that she arrived at the party at 11:30 p.m. Aug. 15. She reported that she consumed 2-3 rum and coke mixed drinks. At approximately 2 a.m. she went to a bedroom on the upper floor of the residence. Black then entered into the bedroom and reportedly told her that he wanted to come in and cuddle with her. She told Black no. She then fell asleep and woke up to find Black on top of her, engaged in the act of sexual intercourse. She reported that she was intoxicated to the point where she was not in control of her body and she did not have the ability to prevent Black from having sex with her. She then reported that she passed out, after she found Black on top of her, and slept through the remainder of the intercourse. She went to the emergency room, where an extensive exam was completed. The hospital gathered her undergarments for evidence. On Aug. 28, an investigator was notified that Black had been arrested and was currently being housed in the Beltrami County Jail. The investigator met with Black at 10:14 a.m. at which time he gave a statement. Black admitted to having invited the female over to the house and that the two of them had consumed a one liter bottle of rum. He stated that the last thing he remembered about the previous night was riding on a four-wheeler with the female. He went on to state that he spoke to a third party, who informed him that he reportedly had sexual intercourse with the female during the party. Black indicated that he did not recall having sex with her during the party, because of his level of intoxication and the black out he experienced.

Donna Jean Lewis, 43, of Bemidji, pleaded guilty and was sentenced March 2 for gross misdemeanor third-degree DWI.

She was sentenced to one year in jail, of which 359 days are stayed for three years and placed on probation to the court for three years.

She must serve five days in jail with credit for time served, pay a fine of $908, not drink and drive, submit to random testing, complete chemical dependency evaluation/treatment and remain law-abiding.

At 1:52 a.m. Jan. 10, a Beltrami County Sheriff's deputy responded to a call regarding a car in the ditch on Stone Lake Road, north of Division Street, in Bemidji. A deputy arrived at the scene and found two vehicles at the location. A female, later identified as Lewis was sitting in the driver's seat of the car and a male driver of an SUV was attempting to free his car from the ditch, by hooking chains to the car. Lewis reported that she was at her home, when she received a call from the male who indicated that he needed help getting his car out of the ditch. The deputy observed bloodshot watery, glassy eyes and strong odor alcohol. The deputy asked her if she had anything to drink and she admitted that she had a few drinks earlier in the night. She was unable to perform field sobriety tests satisfactorily and registered a preliminary breath alcohol concentration of .18. She was arrested and transported to the Beltrami County Jail, where she registered a breath alcohol concentration of .20. She has no prior convictions.

Andrew Martin Eagan, 21, of Bemidji, pleaded guilty and was sentenced March 2 for gross misdemeanor third-degree DWI, refusal to submit. He was sentenced to one year in jail, of which 355 days are stayed for three years.

He must serve seven days in jail and was given credit for time served, pay a fine of $783, not drink and drive, submit to random testing and remain law-abiding.

At 11:48 p.m. Feb. 7, a Bemidji Police officer, initiated a traffic stop on Beltrami Avenue Northwest for a vehicle with un-illuminated headlights and tail lights. The vehicle did not stop, it sped up and turned into an alley between Bemidji Avenue and Beltrami Avenue and then turned into a driveway. The male driver attempted to exit the vehicle. The driver was identified by Indiana driver's license as Eagan. The officer observed the odor alcohol, poor balance and slurred speech. He failed a field sobriety test. Due to the icy road conditions, further field sobriety tests were conducted at the Beltrami County Jail. He registered a preliminary breath alcohol concentration of .227. He was arrested and transported to the jail. When asked to complete a breath test, told the officer he did not wish to submit to the test. He has no prior convictions.

John Kennedy Martin Jr., 21, of Bemidji, pleaded innocent on March 2, to felony ineligible voter, knowingly votes. His next court date will be June 2.

According to the criminal complaint, Martin registered to vote in the general election Nov. 4. The certification in that application signed by Martin contained the following language: "I have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence." After registering to vote, Martin voted in Ward 4 in Bemidji on Nov. 4. On Jan. 8, a detective spoke with Martin. Martin stated that he did vote in the election. Martin said he was not be aware he was not eligible to vote. He has a prior felony conviction for fleeing a peace officer.

Sherry Marie Green, 20, of Bemidji, pleaded innocent to gross misdemeanor fifth-degree assault March 2. Her next court date will be April 7.

At 2 p.m. Oct. 28, Bemidji Police officers responded to a call in Westwood Acres regarding a fight between Green and a male individual. Officers located Green, who had driven from the scene. She was taken to the hospital for evaluation of injuries she said she had received during the fight. Witnesses at the residence indicated Green had been the first party to strike a blow, hitting the male with a pop bottle. She has a prior adjudication for gross misdemeanor assault in St. Louis County.

Rion Hart Morgenstern, 36, of Fridley, Minn., pleaded innocent to gross misdemeanor driving after cancellation, inimical to public safety. His next court date will be March 10.

According to the criminal complaint, on Feb. 15, a Beltrami County Sheriff's Deputy saw a vehicle parked along side of the highway. The deputy observed a male party sleeping in the driver's seat of the car. The deputy woke the driver up and asked if he was OK. The driver, identified as Morgenstern, said he had gotten tired and pulled over to sleep. The deputy detected the odor alcohol. Morgenstern said he had been drinking but had quit at about 11 p.m. the previous night. When asked for a driver's license, he said he didn't have a driver's license because his privileges were cancelled. He identified himself as Morgenstern and a check revealed his license was cancelled, inimical to public safety. A preliminary breath test indicated that he was not at or over the legal limit of .08. Morgenstern was arrested and transported to the Beltrami County Jail.

Dustin Spudean Cook, 29, of Bemidji, pleaded innocent March 2 to gross misdemeanor driving after cancellation, inimical to public safety. His next court date will be June 2.

According to the criminal complaint, at 2:21 p.m. Feb. 2, a Bemidji Police officer observed a vehicle with expired registration stickers. While preparing to initiate a traffic stop, the officer observed the vehicle make an illegal left hand turn at a controlled intersection. The driver was identified as Cook; his driving privileges are cancelled as inimical to public safety. He was arrested and transported to the Beltrami County Jail. He has three prior convictions for driving after cancellation.

Todd Michael Cope, 33, of Blackduck, pleaded innocent March 2 to felony check forgery. His next court date will be May 5.

According to the criminal complaint, at 4:07 p.m. Oct. 17, a Beltrami County Sheriff's deputy was contacted by a female individual who wished to report a theft. The female advised the deputy that on Oct. 7, she had been contacted by Cope in regards to cashing a couple of checks for him. She said Cope did not have any identification and therefore could not cash the checks. She agreed, and they drove to her bank. She cashed a check for $1,500, which was written for cash. Cope paid the female $100 for cashing the check. Approximately 20-30 minutes later, Cope provided the female with a second check he wanted her to cash. They went to a drive-thru at a local bank. The check was drawn off the same account as before and written to Cope for $999. He provided the female with $100 for cashing the check. On Oct. 17, the female received a notice that the bank had stopped payment on the checks, and that she was now responsible for the $2,499 that was withdrawn from her checking account. She made contact with the owner of the account and was told that the checks had been stolen by Cope and that Cope had attempted to cash the checks at a local bank in Blackduck, but they refused to cash them for him. The deputy made contact with the owner of the account the checks were drawn from and was informed that Cope had cashed checks from her checking account. The owner, a female, confirmed that she had filled out paperwork to stop payment on those checks. She spoke with Cope about taking the money and that Cope told her he was going to pay the other female for the funds. She never gave Cope permission to write any checks out of her checkbook and that she did not issue any checks to Cope. She indicated she wanted to report the checks as stolen. The deputy spoke with Cope, who said he was familiar with the checks and told the officer he was going to take care of the checks. Cope said he did not have permission to take the checks. He explained that he needed money at the time, so he could find a job in Iowa. Cope said he knew that this was not a smart thing to do and was going to take care of the fees involved with taking the money.

Christopher John Davis, 20, of Bemidji, pleaded innocent March 2 to felony third-degree sale of crack cocaine. His next court date will be June 2.

According to the criminal complaint, at 5 p.m. Oct. 11, 2007, Paul Bunyan Drug Task Force Special Agents were contacted by a confidential reliable informant (CRI). Davis contacted the CRI, regarding the sale of crack cocaine. They arranged a meeting, in which the CRI purchased $100 work of crack cocaine from Davis, with federal buy money. The cocaine was analyzed by the Bureau of Criminal Apprehension and was found to be .7 grams and containing cocaine.

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