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Beltrami County Court Report for September 11

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

In Beltrami County District Court before Judge John Melbye:

Justin Lee Fowler, 29, of Bemidji, pleaded guilty Aug. 23 to felony theft of items worth more than $1,000 but less than $5,000, amended from felony first-degree burglary; and misdemeanor fifth-degree assault causing fear of bodily harm or death; and misdemeanor driving after suspension. His sentencing is scheduled for Sept. 26.

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At 7:40 p.m. May 21, Beltrami County Sheriff's deputies and Leech Lake Tribal Police officers responded to a 911 call about a burglary. The caller said a man entered the house, knocked down an 86-year-old woman who had an amputated leg, and stole two TVs.

Jacklyn Cheyenne Coyle, 19, of Bemidji, pleaded guilty Aug. 23 and was sentenced Sept. 6 for gross misdemeanor receiving stolen property and misdemeanor permitting an unlicensed driver to drive.

On the receiving stolen property conviction, she was sentenced to one year in jail with 335 days stayed for two years on the following conditions: She must serve 30 days in jail with credit for 11 days served; serve two years of probation; and pay or work off fine and costs of $660.

On the misdemeanor conviction, she must serve 90 days in jail with 60 days stayed for one year on the following conditions: She must serve 30 days in jail; serve one year of probation; and pay or work off a $100 fine.

At 7:40 p.m. May 21, Beltrami County Sheriff's deputies and Leech Lake Tribal Police officers responded to a 911 call about a burglary. The caller said a man entered the house, knocked down an 86-year-old woman who had an amputated leg, and stole two TVs. Coyle helped the burglar leave in her car.

Timothy John Adams, 26, of Cass Lake, pleaded guilty June 17 and was sentenced Aug. 19 for felony fleeing a peace officer in a motor vehicle and misdemeanor fourth-degree DWI, amended from gross misdemeanor third-degree DWI refusal to test.

On the fleeing a peace officer conviction, he was sentenced to 12 months and one day in prison stayed for four years on the following conditions: He must serve 122 days in jail with credit for 122 days served; pay fine and costs of $660; pay restitution; and complete standard probation conditions.

At 2 a.m. Jan. 30, a Bemidji Police officer responded to a report of an erratic driver bouncing off snowbanks on either side of the road and going north in a southbound lane. The officer caught up with the vehicle and activated lights and siren. The driver fled in the vehicle until the officer, with backup, penned the car in an alley. The officers detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Adams. He was taken to the Beltrami County Jail where he refused testing. At the time of his arrest, he had prior convictions for fifth-degree domestic assault, criminal damage to property and third-degree sale of cocaine in 2010 and was on probation for these offenses on a no-drink order.

Kenneth Calvin Gitchel Jr., 34, of Pennington, pleaded guilty and was sentenced Aug. 23 for gross misdemeanor violation of an order for protection within 10 years of a previous conviction.

He was sentenced to one year in jail; two years of supervised probation; and fine and costs of $660.

At 11:05 a.m. April 8, he went to the home of a woman who had an order for protection out against him. At the time of his arrest, he was on probation for domestic assault in 2004 and had convictions for second-degree assault in 2003 in Hubbard County and domestic assault in 2009 in Hubbard County.

Daniel Thomas Jones, 20, homeless, pleaded guilty Aug. 23 and was sentenced Aug. 31 for felony motor vehicle theft; gross misdemeanor fifth-degree assault of the same victim within 10 years; felony fleeing a peace officer in a motor vehicle; gross misdemeanor obstruction of the legal process; and gross misdemeanor third-degree DWI.

On the motor vehicle theft conviction, he was sentenced to 23 months in prison with credit for 222 days served.

On the fifth-degree assault conviction, he was sentenced to one year in jail, concurrent with the 23-month prison sentence.

On the fleeing a peace officer conviction, he was sentenced to 12 months and one day in prison consecutive to the 23-month sentence.

On the obstructing conviction, he was sentenced to one year in jail concurrent to the 23-month prison sentence.

On the DWI conviction, he was sentenced to one year in jail stayed for five years on condition he serve five years of supervised probation and pay fine and costs of $185.

At 7:46 p.m. Jan. 14, Jones assaulted a man in downtown Bemidji. He then stole a car and fled peace officers in pursuit with lights flashing and sirens wailing. Eventually, Jones slid the stolen car into a snowbank. He refused to get out of the car and required forcible extraction. He wriggled out of the officers' grasp and got back in the stolen car. He spat at a Beltrami County Sheriff's deputy and made threats. The officers judged Jones to be intoxicated. At the time of his arrest, he had convictions for felony theft, aiding and abetting third-degree assault and escape in 1997 in Cass County; third-degree assault in 1999 in Cass County and terroristic threats in 1999 in Beltrami County; DWI in 2001 in Cass County; third-degree burglary and domestic assault in 2002 in Pennington County; and third-degree DWI in 2005 in Polk County.

John David Sayers, 22, of Bemidji, pleaded innocent Sept. 6 to felony first-degree property damage. He requested a jury trial, which is scheduled for Nov. 15.

According to the criminal complaint:

At 1 a.m. June 11, he was arrested for breaking out the windshield and windows of a car in a Bemidji parking lot. At the time of his arrest, he was on probation on conviction for felony theft.

Kyle Eugene Olson, 52, of Bemidji, pleaded innocent Sept. 6 to felony first-degree possession of methamphetamine with the intent to distribute; felony first-degree possession of methamphetamine with the intent to distribute with the use of a handgun; and felony first-degree possession of methamphetamine. He requested a jury trial, which is scheduled for Nov. 15.

According to the criminal complaint:

At 9 a.m. Feb. 23, agents of the Paul Bunyan Drug Task Force executed a search warrant of Olson's residence and found 75 grams of meth, .22 and .357 caliber handguns, a digital scale and $508 in small bills.

William Fred Baumgartner, 32, of Bemidji, pleaded guilty and was sentenced Sept. 6 for gross misdemeanor DWI with one aggravating factor.

He was sentenced to one year in jail with 355 days stayed for three years on the following conditions: He must serve 10 days in jail with credit for one day served; serve three years of probation; pay fine and costs of $860; pay restitution and complete standard probation conditions.

At 12:50 a.m. July 27, he was involved in a motor vehicle accident. A Beltrami County Sheriff's deputy detected the odor of alcohol on Baumgartner, who failed field sobriety tests and registered .19 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .20 on the Intoxilyzer. At the time of his arrest, his driving privileges were valid and he had no prior DWI convictions.

Troy Allen Faughn, 26, of Bemidji, pleaded guilty Sept. 6 to felony first-degree DWI. His sentencing is scheduled for Oct. 17.

At 11:24 p.m. Aug. 14, a Beltrami County Sheriff's deputy responded to a report of a vehicle in a ditch. Faughn was asleep in the driver's seat with his foot on the brake and the vehicle running. The deputy detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Faughn, who was taken to the Beltrami County Jail where he registered .20 on the Intoxilyzer. At the time of his arrest, his driver's license was revoked and he had three prior DWI convictions in 2002, 2005 and 2006.

In Beltrami County District Court before Judge Paul Benshoof:

Jason Daniel Cluff, 35, of Hines, pleaded innocent Aug. 29 to gross misdemeanor third-degree DWI. He requested a jury trial, which is scheduled for Oct. 18.

According to the criminal complaint:

At 5:30 a.m. April 23, a Beltrami County Sheriff's deputy responded to a report of a vehicle in a ditch. Cluff was passed out on the seat. The deputy detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Cluff, who failed field sobriety tests and registered .114 in a preliminary breath test. Cluff was taken to the Beltrami County Jail. At the time of his arrest, his driving privileges were valid, and he had two prior DWI convictions in 1999 and 2002.

January Marie Johnson, 25, of Ponemah, pleaded guilty and was sentenced Aug. 29 for gross misdemeanor third-degree DWI refusal to test.

She was sentenced to one year in jail with 344 days stayed for three years on the following conditions: She must serve 21 days in jail with credit for 14 days served; serve three years of probation; pay fine and costs of $585; and complete standard probation conditions.

At 8:50 p.m. Aug. 5 a Beltrami County Sheriff's deputy stopped Johnson for driving with her headlights off. The deputy detected the odor of alcohol and bloodshot, watery eyes on Johnson, who registered .18 in a preliminary breath test. She was taken to the Beltrami County Jail where she refused an Intoxilyzer test. At the time of her arrest, her driver's license was expired and there was an outstanding warrant for her arrest. She had no prior DWI conviction.

Jordan Wade Neadeau, 22, of Red Lake, pleaded guilty and was sentenced Aug. 29 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail with 355 days stayed for three years on the following conditions: He must serve 10 days in jail with credit for four days served; serve three years of probation; pay fine and costs of $585; and complete standard probation conditions.

At 1 a.m. July 3, a Minnesota Highway Patrol trooper on routine patrol clocked Neadeau driving 85 mph in a 65 mph zone. The trooper made a traffic stop and detected the odor of alcohol and bloodshot, watery eyes on Neadeau, who failed field sobriety tests and registered .22 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .22 on the Intoxilyzer. At the time of his arrest, his driving privileges were suspended, and he had no prior DWI convictions.

Eugene Frank Leighton, 53, of Kelliher, pleaded guilty June 28 and was sentenced Aug. 29 for felony failure to register as a predatory offender.

He was sentenced to 18 months in prison with credit for 279 days served and must pay fine and costs of $210.

On Nov. 24, a Beltrami County Sheriff's deputy and U.S. Marshal arrested Leighton at his home, although he was living under an assumed identity. They identified him by his distinctive tattoos. He was required to register for life after a 1984 conviction in California for rape while armed with a firearm. Early in 2010, he moved to Washington state and failed to register. Warrants were out for his arrest in both California and Washington.

Jessica Lynn Erle, 23, of Bemidji, pleaded guilty and was sentenced Aug. 29 for gross misdemeanor second-degree DWI refusal to test.

She was sentenced to one year in jail with 335 days stayed for three years on the following conditions: She must serve 30 days on work release with credit for four days served; serve three years of probation; pay fine and costs of $685; and complete standard probation conditions.

On Jan. 3, a Beltrami County Sheriff's deputy saw Erle driving on the shoulder, going 80 mph in a 55 mph zone. The deputy made a traffic stop and detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Erle, who failed field sobriety tests and registered .18 in a preliminary breath test. She was taken to the Beltrami County Jail where she refused a breath test. At the time of her arrest, her driving privileges were valid, and she had one prior DWI conviction in 2007.

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