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Beltrami County Court Report for November 6

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local Bemidji, 56619
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Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before District Judge Paul Benshoof:

James Allen Isham, 31,of Cass Lake, pleaded guilty Oct. 18 to felony motor vehicle theft and fleeing peace officer in a motor vehicle and gross misdemeanor second-degree DWI - refusal to submit to testing.

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Sentencing is Nov. 21.

According to the criminal complaint:

At 12:15 a.m. June 1, the Bemidji police responded to a report of an assault near 11th Street and America Avenue Northwest. A man was assaulted in his vehicle but escaped, after which Isham drove away in the man's car. A police officer located the vehicle and attempted a traffic stop, but Isham ignored both lights and sirens.

He stopped at a dead end at Eighth Street and Mississippi Avenue, where he drove into a yard and ran 50 yards into a wooded area and fell into a channel of water. Another officer apprehended him in a large field in the area of Sixth Street. Isham tested at .285 percent blood alcohol concentration in a preliminary breath test and his driving privileges were revoked. He has one prior alcohol-related conviction in 2005.

John Tyler Eide, 25, of Cass Lake, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor DWI.

He must serve 30 days of a one-year jail sentence, with credit for two days served, and two years of probation. He may serve his sentence on work release, if eligible. He must pay a $750 fine.

According to the criminal complaint:

A Beltrami County deputy received a report May 12 of a suspected drunk driver on Paul Bunyan Driver. He then learned that a Paul Bunyan Drug Task Force agent had stopped the driver on McKinley Avenue. When the deputy arrived on the scene, the agent said the driver was all over the road and nearly struck a traffic pole. Eide said he had had a couple of shots of vodka. He had one prior alcohol-related conviction in 2007.

Henry William Rushman, 52, of Bemidji, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor DWI - refusal to submit to testing.

He must serve 60 days of a one-year jail sentence, with credit for two days served, and four years of probation. He may serve his sentence on work release, if eligible. He must pay a $750 fine.

According to the criminal complaint:

In the early-morning hours of July 10, Bemidji police received two calls regarding an intoxicated man leaving a residence driving a green Mercury Cougar. A sergeant went to the residence on Third Street Northeast and saw the vehicle in the driveway with its lights on and engine running, and saw a man go around the corner of the house. The sergeant spoke to the owner of the vehicle, who identified Rushman and said he should not be driving her vehicle. A check showed Rushman's privileges were canceled. Fifteen minutes later, police received a report that Richman was driving the car, possibly heading to Cass Lake. An officer stopped the vehicle. Rushman smelled of alcohol, had slurred speech and bloodshot, watery eyes and failed field sobriety tests. He refused testing at Beltrami County Jail. He had four prior alcohol-related convictions in 1991 (two), 1997 and 2001.

Dennis Dowayne Tolbert Jr., 45, of Tenstrike, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor driving after cancellation inimical to public safety.

He received a stay of adjudication and must serve 10 days in jail, with credit for two days served, and one year of probation. Successful completion of probation will result in a dismissal. Probation requirements include obtaining a driver's license.

According to the criminal complaint:

A Beltrami County deputy saw Tolbert driving June 1 on Knappin Hill Road on the east side of U.S. Highway 71 and stopped him. The deputy knew Tolbert's driving privileges had been canceled and Tolbert said he was having a difficult job obtaining a driver's license.

LeeAnn Marie Cobenais, 42, of Red Lake, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor theft by check.

She must serve 10 days of a one-year jail sentence and two years of probation. She must pay $200 of a $300 fine, make restitution of $551.52 to $611.52 and not possess checks or have a checking account.

Court records state Cobenais wrote two checks on a closed account to a Beltrami County business, totaling $551.52, on April 16 and 17, and did not repay the business.

Shirley Rose Mountain, 36, of Walker, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor DWI.

She must serve 30 days of a one-year jail sentence and three years of probation.

The criminal complaint says Bemidji police responded early May 14 to a report of a domestic dispute at North Star Apartments. At 6:10 a.m., officers were again dispatched to the same location on a noise complaint. Officers saw Mountain drive away with a teen-age passenger and made a traffic stop. She failed field sobriety tests and tested over the legal limit in a preliminary breath test.

John Russel Nelson, 48, of Bemidji, pleaded guilty Oct. 18 to felony fifth-degree drug possession.

Sentencing is Nov. 21.

Court records say a Bemidji police officer stopped Nelson for speeding June 20 near the intersection of 12th Street and Minnesota Avenue Northwest. In an inventory of the vehicle prior to towing, a small cooper filter was found containing crack cocaine residue. At Beltrami County Jail, he admitted the cooper filter belonged to him.

Shalena Rose Wood, 27, of Bemidji, pleaded guilty Oct. 18 to gross misdemeanor child endangerment.

Sentencing is Nov. 21.

According to the criminal complaint:

Wood gave birth to a baby girl Aug. 12. On Aug. 18, she dropped off the baby at a residence and went out drinking with another woman. Early the next morning, she told an officer of about a fight she had been in early and the officer gave Wood a ride to where her child was at. Wood convinced her babysitter to give her and the baby a ride back to her residence. When they arrived, Wood and a woman began fighting. Another woman attempted to check on the welfare of the baby, but Wood refused to let her in. The woman called law enforcement to report that she had seen a drunken Wood stumbling and reeling and ultimately falling on the baby. Beltrami County deputies went to the residence, where they found Wood, drunk, holding the crying baby. Glass shards from a broken window were scattered on the floor. Wood was arrested and the child was taken into protective custody and then to the hospital, where it was determined the child was uninjured.

John Calvin Conkle, 29, of Bemidji, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor third-degree DWI.

He must serve 30 days of a one-year jail sentence, with credit for two days served, and three years of probation. He may serve his time on work release if eligible. He must pay a $500 fine.

According to the criminal complaint, the Beltrami County Sheriff's Office received a report June 26 of a possible intoxicated driver on U.S. Highway 71 by the Beltrami County Fairgrounds. A deputy saw the suspect vehicle in Northern Township. The vehicle was overloaded with numerous items, including a table saw held in place by a single bungee cord.

The deputy stopped the vehicle and spoke to Conkle about the unsecured items. Conkle smelled of alcohol and had slurred speech and bloodshot, watery eyes. He failed field sobriety tests. He tested at .086 in a preliminary breath test. At Beltrami County Jail, he tested at .14. He has one prior alcohol-related conviction in 2006.

Bruce Lee Armstrong, 30, of Redby, pleaded guilty and was sentenced Oct. 18 to gross misdemeanor obstructing the legal process.

He must serve 115 days of a one-year jail sentence, with credit for 77 days served, and two years of probation. He must pay a $300 fine.

Court records say a Bemidji police officer was driving Aug. 1 on Bemidji Avenue North, approaching the Mississippi River Bridge, when he saw a vehicle with a headlight out. Armstrong, the driver, was arrested on an outstanding warrant. He resisted efforts to take him into custody and was handcuffed after a struggle.

Emily Rose Premo, 20, of Bemidji, pleaded guilty Oct. 18 to felony overwork/mistreat animals - torture (intentionally and unjustly killing or inflicting great bodily harm on a pet animal). A second charge of felony overwork/mistreat animals-torture (intentionally and unjustly killing or inflicting great bodily harm on a pet animal for the purpose of threatening, intimidating or terrorizing another person) was dismissed, as was a charge of gross misdemeanor domestic assault.

Sentencing is Nov. 21.

Court records say Premo severely injured a puppy and threw it at his feet during an argument, and threw a glass at a man. A Bemidji police officer took the puppy to a veterinarian.

Byron William Garbow Jr., 31, of Cass Lake, pleaded guilty and was sentenced Oct. 18 for gross misdemeanor driving after cancelation inimical to public safety.

He must serve 10 days of a one-year jail sentence and two years of probation. He must pay a $250 fine.

On May 20, a Beltrami County deputy stopped Garbow on County Road 149 for driving 47 mph in a 20 mph zone just south of Allen's Bay. Garbow's driving privileges had been canceled in June 2009.

In Beltrami County District Court before District Judge John Melbye:

Joseph E. Butler, 65, of Bemidji, pleaded not guilty Oct. 17 to felony domestic assault by strangulation and terroristic threats and gross misdemeanor interfering with a 911 call.

He requested a jury trial. His next appearance is Nov. 15.

According to the criminal complaint:

On Aug. 18, the Beltrami County Sheriff's Office received a report that a woman had gone to a neighbor's house after being assaulted by a man at a residence on Wildwood Road in Beltrami County and that the man had weapons at the residence. The woman had visible injuries consistent with her report that the man had had thrown her to the ground, wrenched her arm and choked her. Deputies spoke to the man through loudspeakers at the residence and asked him to leave, but he said he would not. Butler agreed to speak to a deputy from his veranda and eventually was arrested.

Dawn Marie Kingbird, 41, of Cass Lake, pleaded not guilty Oct. 17 to felony fifth-degree possession of cocaine and gross misdemeanor third-degree refusal to submit to testing.

She requested a jury trial. Her next appearance is Nov. 15.

According to the criminal complaint:

At 11:10 p.m. Feb. 7, Bemidji police responded to a report of a vehicle in the ditch on Bemidji Road Northeast with two women in the car consuming alcohol. Police discovered Kingbird in the driver's seat of a Chevrolet Impala in the ditch. She said she was waiting for another woman who was in a wooded area. The other woman emerged from the wooded area and was arrested for violating a probation requirement prohibiting use of alcohol. During an inventory of the car prior to towing, a vial containing a small amount of cocaine was discovered in the console of the vehicle. Kingbird refused testing at Beltrami County Jail, according to the complaint.

Michael Joseph Howard, 51, of Cass Lake, pleaded not guilty Oct. 17 to felony third-degree assault causing substantial bodily harm.

He requested a jury trial. His next appearance is Nov. 15.

According to the criminal complaint:

The Beltrami County Sheriff's Office received a report of a large fight Aug. 13 involving several people on the 16200 block of Roosevelt Road Southeast. Leech Lake Tribal Police were the first officers on the scene and were joined by Beltrami County deputies. They saw a pregnant woman with a significant injury to her mouth who said Howard had struck her in the mouth and knocked out a tooth. Officers confirmed her injuries. Howard had a cut on his face. The woman had come to the residence to care for children while Howard and another woman went to Bemidji to drink. Later, Howard picked a fight with the pregnant woman's boyfriend. They started to struggle and the woman attempted to separate them, at which time Howard struck her in the mouth. She said she pushed away from him, pushing his glasses into his face, inflicting a cut on his head. Howard, who was intoxicated, claimed the pregnant woman and her boyfriend had attacked him. He said the boyfriend was drunk, but a preliminary breath test revealed no consumption of alcohol. The other woman was arrested on a no-drink order, according to the complaint.

Alaina Deanne Needham, 26, of Bemidji, pleaded not guilty Oct. 17 to gross misdemeanor DWI - refusal to submit to testing.

She requested a jury trial. Her next appearance is Nov. 15.

According to the criminal complaint:

A Minnesota State Patrol trooper responded to a report July 16 that a white Volkswagen had been traveling in the area of Cedar Lane Northwest, stopping in people's driveways. Residents were concerned because of recent burglaries. The trooper followed the vehicle to the 700 block of 33rd Street Northwest, where the driver parked at a residence. She smelled of alcohol, had slurred speech and failed field sobriety tests. She could not figure out how to shut the car off and had difficulty getting out of the car. She said she did not live at the residence but that friends did live there, although she could not produce the names of the friends. She tested at .26 in a preliminary breath test. At Beltrami County Jail, she tested at .27 on her first attempt but was uncooperative in her second attempt. She did not have a driver's license and has one prior alcohol-related conviction in 2010.

Nathan Andrew Burnham, 20, of Bemidji, pleaded not guilty Oct. 17 to gross misdemeanor criminal vehicle homicide or operation - operating motor vehicle in grossly negligent manner, and furnishing alcohol to minors.

He requested a jury trial. His next appearance is Nov. 15.

According to the criminal complaint:

The Beltrami County Sheriff's Office received a report that two women had been in a car accident in which Burnham was the driver. The women said they were in a vehicle with Burnham, who said he intended to drive faster than 120 mph. They said he missed a curve off Dewey Avenue and went into the ditch. The underaged women said he was drinking and had supplied alcohol to them. Deputies found the car and saw Burnham's driver's license inside and an open container of alcohol. Deputies went to Burnham's residence, where he admitted driving and going home after the crash. He appeared to have been drinking. Both women had lacerations and one had bitten through her tongue.

Rochelle Leann Robinson, 23, of Bemidji, pleaded guilty and was sentenced Oct. 17 to gross misdemeanor third-degree DWI - refusal to submit to testing.

She must serve 10 days of a one-year jail sentence, with credit for four days served, and three years of probation. She must pay a $750 fine.

According to the criminal complaint, Bemidji police responded to a report Aug. 26 of a property-damage accident at Skyline Village trailer court. An officer found the vehicle had struck a large pine tree. Robinson, who was in the driver's seat, smelled of alcohol and had slurred speech and bloodshot, watery eyes. She failed field sobriety tests. Her movements were slow and deliberate and she walked unsteadily. She was arrested and taken to Sanford Bemidji Medical Center, where she refused blood and urine tests.

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Pioneer staff reports
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