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Beltrami County Court Report for September 4

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Beltrami County Court Report for September 4
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Shari Schluchter:

Trudi Marie Smith, 57, of Blackduck, was found guilty by a jury Aug. 17 and was sentenced Aug. 26 for gross misdemeanor third-degree DWI refusal to test.

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She was sentenced to one year in jail with 355 days stayed for three years on the following conditions: She must serve 10 days in jail with credit for four days served; serve three years of probation; pay fine and costs of $1,183; and complete standard probation conditions.

At 11 p.m. May 21, a Blackduck Police officer stopped Smith for defective headlights. The officer detected the odor of alcohol and bloodshot, watery eyes on Smith, who failed field sobriety tests and registered .14 in a preliminary breath test. She was taken to the Beltrami County Jail where she refused breath, blood and urine tests. At the time of her arrest, her driving privileges were valid, and she had one prior DWI conviction in 1984.

Jason Brett Dowell, 40, of Bemidji, pleaded guilty June 30 and was sentenced Aug. 26 for felony fifth-degree possession of controlled substance, namely 65 grams of marijuana.

He was sentenced to 30 days on work release and five years of supervised probation, and he must pay fine and costs of $658 and complete standard probation conditions.

At 11:30 a.m. Nov. 5, 2009, Paul Bunyan Drug Task Force agents executed a search warrant at Dowell's residence and found the marijuana.

Kelly Jo Duffy, 38, of Tenstrike, pleaded guilty June 28 and was sentenced Aug. 26 for felony first-degree conspiracy to distribute a controlled substance, namely methamphetamine.

She was sentenced to 86 months in prison with credit for nine days served and must pay fine and costs of $158.

On March 16, 2010, Paul Bunyan Drug Task Force surveillance showed probable cause that Duffy and a man were transporting meth from the Twin Cities to Bemidji for sale. PBDTF agents contacted the Minnesota State Patrol, and a trooper made a traffic stop. The vehicle Duffy and her accomplice were using contained more than 200 grams of meth.

Ross Martin Rebers, 28, of Bemidji, pleaded guilty and was sentenced Aug. 22 for gross misdemeanor, third-degree 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 to the court; pay fine and costs of $1,110; and complete standard probation conditions.

At 11:30 p.m. Jan. 24, a Beltrami County Sheriff's deputy responded to a report of a vehicle in a ditch. Rebers was trying to dig the vehicle out of the snow. The passenger reported that Rebers had been the driver. The deputy detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Rebers, who failed field sobriety tests. He was bleeding from a cut on his head. He was taken to Sanford Bemidji Medical Center where a blood test registered .22. He had no prior DWI convictions.

Richard Glenn Simmons Jr., 25, of Bemidji, pleaded guilty June 30 and was sentenced for felony third-degree conspiracy to distribute a controlled substance, namely oxycodone, and for felony terroristic threats.

On the drug conviction, he was sentenced to 48 months in prison with credit for 161 days served and must pay fine and costs of $83.

On the terroristic threats conviction, he was sentenced to 27 months in prison with credit for 130 days served and must pay fine and costs of $160.

In the drugs case, at 3:32 p.m. Nov. 11, 2009, a Paul Bunyan Drug Task Force confidential reliable informant bought oxycodone pills from Simmons in a Bemidji parking lot.

In an unrelated terroristic threats case, at 12:41 p.m. April 14, 2011, he pursued a woman he had abused to a shelter and threatened a shelter employee, saying he would burn the building down.

In Beltrami County District Court before Judge John Melbye:

George Wayne Paquin, 49, of Tenstrike, was found guilty July 6 by a jury and was sentenced for serious felony fourth-degree criminal sexual conduct with a victim between the ages of 13 and 15.

He was sentenced to 18 months in prison stayed for 10years on the following conditions: He must serve 120 days in jail with credit for 51 days served; serve 10 years of supervised probation; pay or work off fine and costs of $1,085; not use alcohol or controlled substances; have no contact with the victim; attend sex offender programs; undergo polygraph tests; not use the Internet; not use pornography or sexually explicit material; have no contact with anyone younger than 18; and register as a predatory offender.

On Jan. 4, a 14-year-old girl reported that Paquin had sexual contact with her, with the last incident occurring around Thanksgiving 2010.

Gerome James Winkler, 20, of Bemidji, pleaded guilty Aug. 29 to four felonies: aiding and abetting third-degree burglary; motor vehicle theft; fleeing a peace officer in a motor vehicle; and fourth-degree assault causing demonstrable bodily harm. His sentencing is scheduled for Sept. 26.

At 1:18 a.m. May 30, Bemidji Police officers responded to a burglary complaint. Residents said a woman entered their garage, then drove off with Winkler as a passenger in a vehicle Winkler had stolen in Hubbard County. The officers made a traffic stop and were speaking to the woman when Winkler moved over to the driver's seat. One of the officers grabbed Winkler, but he drove off after punching the officer. At the time of his arrest, Winkler had prior convictions for providing false information in 2010 and pending charge of obstructing justice in 2010, and an outstanding warrant from Clearwater County.

Erica Lynn Busse, 23, of Bemidji, had a charge of felony sale of a simulated controlled substance dismissed July 5 because the prosecution was unable to find a necessary witness.

Lisa Diane Rippy, 53, of Bemidji, had a charge continued for dismissalfor two years.She paid a court administration fee of $75.She did not not plead guilty and was not conivcted of a crime.

Tyler Leon Graves, 21, of Red Lake, pleaded guilty Aug. 23 to gross misdemeanor indecent exposure in the presence of a minor younger than 16, amended from serious felony criminal sexual conduct with a person between 13 and 15.

On June 19, a 15-year-old girl was going to a sleepover with friends, but instead went to Graves' residence, where they had sex.

In Beltrami County District Court before Judge Paul Benshoof:

Corey William Larue, 28, of Shevlin, pleaded guilty July 26 and was sentenced Aug. 29 for felony first-degree DWI.

He was sentenced to 48 months in prison with credit for 128 days served and must pay fine and costs of $235.

At 1:30 a.m. April 24, a Beltrami County Sheriff's deputy saw Larue driving 40 mph in a 30 mph zone. The deputy made a traffic stop and detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Larue, who failed field sobriety tests and registered .207 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .19 in a breath test. At the time of his arrest, his driving privileges were canceled, he had six prior DWI convictions from 1994, 1995, 2002, 2007 and 2010, and was on probation for the 2010 felony first-degree DWI conviction in Clearwater County.

Tyler Maurice Roy, 25, of Bemidji, pleaded guilty July 29 and was sentenced Aug. 29 for felony third-degree burglary.

He was sentenced to 24 months in prison with credit for 160 days served and must pay fine and costs of $135.

At 3:15 p.m. March 23, a resident found Roy carrying a TV out of the house. Roy had entered by breaking a window.

Nicholas James Fox, 29, of Bemidji, pleaded guilty and was sentenced Aug. 29 for gross misdemeanor third-degree DWI with one aggravating factor.

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

At 2:30 a.m. Aug. 5, a Beltrami County Sheriff's deputy saw Fox make a wide turn and drive briefly in the wrong lane. The deputy made a traffic stop and detected the odor of alcohol, slurred speech and bloodshot, watery eyes on Fox, who failed field sobriety tests and registered .136 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .14 on the Intoxilyzer. At the time of his arrest, his driving privileges were valid, and he had one prior DWI conviction in 2004 in Sherburne County.

Joseph Z. Livingston, 29, of Bemidji, pleaded guilty July 26 and was sentenced Aug. 29 for felony first-degree DWI.

He was sentenced to 75 months in prison with credit for 151 days served and must pay fine and costs of $235.

At 9:45 p.m. April 1, a Bemidji Police officer responding to a report of a drunk driver met the driver as he parked and exited the car. The officer detected the odor of alcohol and bloodshot, watery eyes on Livingston, who failed field sobriety tests and registered .16 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .17 on the Intoxilyzer. At the time of his arrest his driving privileges were valid, and he had four prior DWI convictions in 2000, 2002, 2005 and 2005, with the 2005 conviction a felony first-degree DWI for which Livingston is still on probation.

Kevin Wayne Gibbs, 28, of Bemidji, pleaded guilty Aug. 29 to felony first-degree DWI. His sentencing is scheduled for Sept. 19.

At 3:51 a.m. June 26, a Beltrami County Sheriff's deputy responded to a report that Gibbs had stolen a vehicle. The deputy identified the vehicle and made a traffic stop. The deputy detected the odor of alcohol and slurred speech on Gibbs, who registered .17 in a preliminary breath test. He was taken to the Beltrami County Jail where he registered .16 on the Intoxilyzer. At the time of his arrest, his license was cancelled as inimical to public safety, and he had four prior DWI convictions in 2001, 2003, 2004 and 2007, with the 2007 conviction a felony first-degree DWI conviction, for which he was still on probation.

Dylan Wayne Stately, 18, of Bemidji, pleaded guilty Aug. 29 for felony motor vehicle theft. His sentencing is scheduled for Oct. 3.

At 2:05 a.m. Aug. 15, a Bemidji Police officer responded to a motor vehicle theft report. Stately ran the vehicle into a parked car and was identified.

Alanna Kimberly Ally Degroot, 21, of Northfield, Minn., pleaded guilty Aug. 11 and was sentenced Aug. 26 for misdemeanor theft, amended from gross misdemeanor theft by swindle.

She was sentenced to 90 days in jail with 89 days stayed for one year on the following conditions: She must serve one day in jail with credit for one day served; serve one year of probation to the court; pay fine and costs of $1,006; and pay restitution.

While working at a Bemidji retail store, she created $1,478 worth of fraudulent merchandise returns and pocketed the money.

April Grace Jones, 20, of Morton, Minn., pleaded guilty June 27 and was sentenced Aug. 22 for felony possession of a controlled substance, namely crack cocaine.

She was sentenced to 12 months and one day in prison stayed for five years on the following conditions: She must serve 69 days in jail and pay fine and costs of $1,585.

At 1:50 a.m. Feb. 9, Bemidji Police officers made a search of an abandoned vehicle. Jones was found sleeping inside a business. She was arrested on two outstanding warrants from Redwood County and taken to the Beltrami County Jail where two grams of cocaine were found on her person.

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Pioneer staff reports
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