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Beltrami County District Court

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Bemidji, 56619

Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge John Melbye:

Dewayne Allen French, 27, of Ponemah, pleaded guilty May 5 and was sentenced Aug. 10 for felony fleeing a peace officer in a motor vehicle and misdemeanor fourth-degree DWI.

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He was granted a stay of imposition, with successful completion of probation resulting in a misdemeanor conviction. For the felony charge, he must serve 28 days in jail with credit for 16 days served; for the misdemeanor charge, he was sentenced to 90 days in jail which was stayed for one year; four years of supervised probation; pay a fine of $5,287, of which $750 was stayed; complete a chemical dependency evaluation/treatment; follow all instructions of probation; follow recommendations of evaluation and aftercare; not use alcohol or controlled substances; submit to random testing; remain law-abiding; not have any same or similar offenses; not have any driver's license violations; not drive without insurance and pay restitution of $3,051.

At 8:30 p.m. Aug. 9, 2008, a Beltrami County Sheriff's deputy was on routine patrol when he encountered a vehicle driving at dusk with its parking lights on. The deputy further observed the vehicle swerve and cross the fog line. The deputy activated the emergency lights and the vehicle continued to drive on Pioneer Road Southeast. The vehicle accelerated rapidly and continued north at speeds of more than 100 mph. French smelled of alcohol. He was arrested and transported to the Beltrami County Jail where he registered a breath alcohol concentration of .16. His driving privileges were revoked at the time of the incident.

Nicholas James Newstrom, 20, of Bemidji, pleaded guilty Aug. 11 to an amended charge of felony third-degree conspiracy to sell Ecstasy. The original charge was felony drugs -second-degree - sale of 10 grams/50 doses of amphetamines/PCP/hallucinogens within a 90 day period. His next court date will be Oct. 12.

At 9:30 p.m. Nov. 16, an agent of the Paul Bunyan Drug Task Force and Headwaters Safe Trails Task Force met with Newstrom and another man for the purpose of purchasing 20 tablets of methylendioxymethamphetamine (MDMA), a synthetic hallucinogen known as Ecstasy. Newstrom directed the other man to give the agents the tablets. The agents paid $360 to Newstrom for the pills. At 8:10 p.m. Dec. 1, 2008, agents purchased 40 tablets of Ecstasy for $600, from the other man, who informed the agent that Newstrom would be picking up the cocaine they had ordered shortly. The pills field-tested positive for MDMA.

Carol Ann Graves, 26, of Red Lake, was found guilty by Judge John Melbye under the Lothenbach Plea, Aug. 10, for felony drugs - fifth-degree-possession of a schedule 1, 2, 3, 4.

She was granted a stay of adjudication of five years, with successful completion of probation resulting in a dismissal. She was sentenced to 26 days in jail with credit for six days served; five years of supervised probation; she must pay a fine of $1,000; submit to random testing and searches; complete a chemical dependency evaluation/treatment; follow recommendations of evaluation; complete cognitive skills training; follow all instructions of probation; not use or possess alcohol or controlled substances.

At 12:15 a.m. Feb. 2, 2008, a Minnesota State Patrol trooper observed a vehicle parked on the shoulder of U.S. Highway 2 West. The vehicle's blinker light was on and the right passenger side door was open. The trooper stopped his squad car and exited the vehicle. He saw a man with a bloody face standing approximately 20-feet from the car. The man said that he had been assaulted by his girlfriend, who then fled the scene. A male passenger identified a fourth passenger as Graves, who fled to the local convenience store. Graves was located in the store and was arrested for an active warrant from an offense in Becker County. Officers seized a tablet of hydrocodone bitartrate, a Schedule III controlled substance from Graves. Graves stated that it was "Vicadin" She does not have a prescription for this drug.

Robert Dean Fairbanks, 50, of Laporte, pleaded guilty June 29 and was sentenced Aug. 10 for felony theft of moveable property.

He was sentenced to 13 months in prison stayed for five years. He must serve 30 days in jail; five years of supervised probation; pay a fine of $611; complete chemical dependency evaluation/treatment; follow recommendations of evaluation; follow all instructions of probation; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random searches and testing; submit a DNA sample and remain law-abiding.

On Dec. 21, the manager of a store in the Paul Bunyan Mall called the Bemidji Police Department regarding a theft. He said he had just seen two individuals take a large yellow pin-ball type gum ball machine from the hallway in the mall and load it into the back of an SUV. They said it was a prank and they intended to drop it off at another location. The value of the machine was $3,500.

Franklin Dennis Robertson, 56, of Bemidji, pleaded guilty and was sentenced Aug. 10 for gross misdemeanor third-degree DWI - refusal to submit and gross misdemeanor driving after cancellation as inimical to public safety.

He was sentenced to one year in jail, of which 365 days were stayed for four years; four years of supervised probation; he must pay a fine of $1,383; complete a chemical dependency evaluation/treatment; follow recommendations of evaluation; follow all instructions of probation; not use alcohol or controlled substances; submit to random testing; not have any driver's license violations; not drive without insurance; not drink and drive and remain law-abiding.

At 1:55 p.m. July 26, a Minnesota State Patrol trooper saw a vehicle weaving and driving over the center line on Balsam Road. The trooper initiated a traffic stop and identified the driver as Robertson. At the time of the traffic stop his license was cancelled as inimical to public safety. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .32. Robertson stated that when he has a couple of beers it sticks with him all day. He was arrested and transported to the Beltrami County Jail. Robertson refused to give a breath test until he talked to an attorney, but refused to try to contact an attorney. When asked again he refused, saying "not without an attorney, and I can't get one on a Sunday." He further said, "I refuse until I go to court. That is all I know how to do." In a statement, Robertson admitted that he had been partying on the night of July 25 and had stayed up until 2 a.m. July 26 drinking. He then had two beers on the morning of July 26. He has three prior DWI convictions.

Charles Earl Smith, 24, of Red Lake, pleaded guilty and was sentenced Aug. 10 for gross misdemeanor giving a peace officer a false name and misdemeanor traffic - driver's license - driving after revocation.

For Count 1, he was sentenced to one year in jail, of which 355 days were stayed for two years; he must serve 10 days in jail with work release; he was placed on probation to the courts for two years; he must pay a fine of $861; remain law-abiding and have no same or similar offenses.

For Count 2, he was granted a stay of adjudication, with successful completion of probation resulting in a dismissal of the charge; he must not have any same or similar offenses; remain law-abiding; not drive without insurance; not have any driver's license violations; pay a fine of $100.

At 9 p.m. April 22, a Beltrami County Sheriff's deputy saw a vehicle driving south on state Highway 89 in excess of the posted speed limit. The vehicle was traveling at 70 mph in a 55 mph zone. The deputy initiated a traffic stop and asked the driver his name. The driver stated that he did not possess any identification at this time, but he verbally identified himself with a false name and birth date. He also stated that the car was owned by a "cousin" by the name of Charles Smith. The deputy confirmed the name and birth date, but the height and weight did not match the driver. The driver was identified by law enforcement records as Smith. Smith informed the deputy that he had been "caught" and that his true identity was in fact Smith. Smith said he did not give his real name because he was unsure if he had any outstanding warrants. He was arrested and transported to the jail.

Melynie Chris Quaderer, 18, of Bemidji, pleaded guilty and was sentenced Aug. 10 for gross misdemeanor giving a peace officer a false name.

She was sentenced to one year in jail, of which 355 days were stayed for three years; she must serve 10 days in jail; pay a fine of $861; remain law-abiding and not have any same or similar offenses.

At 9:15 p.m. June 12, a Bemidji Police officer, initiated a traffic stop on a vehicle with dark tinted windows, which are illegal in the state of Minnesota. The driver identified herself with a false name and upon further investigation was identified as Quaderer. She said she used a false name and date of birth in order to avoid a citation for driving after suspension. She was arrested and transported to the Beltrami County Jail.

Tammy Lynn Fisher, 19, of Bemidji, pleaded guilty and was sentenced Aug. 10 for gross misdemeanor traffic accidents - driver failed to stop - injury or death. The misdemeanor charges of traffic regulation-uninsured vehicle and traffic-drivers license-driving after revocations were dismissed.

She was sentenced to one year in jail, of which 350 days were stayed for two years; given credit for 15 days served; she must pay a fine of $861; have no contact with victim; not have any driver's license violations; not drive without insurance restitution reserved.

At midnight Feb. 21, a Minnesota State Patrol trooper responded to a call regarding a hit-and-run accident at the intersection of U.S. Highway 71 and state Highway 197. The suspect had fled the scene and was traveling west on Highway 2. The driver of the suspect vehicle ran a red light and collided with another vehicle, a vehicle which had the right of way at the intersection. The passengers of the vehicle that was hit were taken to North Country Regional Hospital. The driver of the suspect vehicle panicked and fled the scene. The trooper observed a vehicle traveling west on Highway 2 without headlights, turn onto Adams Avenue, but had to proceed to the scene of the crash. After the injured parties were taken to the hospital, he began to search for the vehicle in the airport parking lot. He found the vehicle, along with fresh tracks leading to the woods. Numerous alcohol bottles were found hidden in the snow near the car. Five occupants of the vehicle were apprehended, including the driver, identified as Fisher. She said she was the driver of the vehicle and that she had struck a white car at the intersection. She said she panicked and fled the scene because she did not have a driver's license. She had an active warrant for her arrest for driving after revocation. She stated that she did not have any insurance on the car and that the car was hers. She emitted a slight odor of alcohol and registered a breath alcohol concentration of .006.

Christopher Lee Rossbach, 22, of Bemidji, pleaded innocent Aug. 10 to felony second-degree assault with a dangerous weapon, felony fleeing a peace officer in a motor vehicle and felony terroristic threats-reckless - disregard risk. His next court date will be Aug. 25.

According to the criminal complaint, on Sunday, June 7, Beltrami County Law Enforcement agents were asked to assist the Red Lake Police Department with the apprehension of an individual who was fleeing tribal police at a high rate of speed in a motor vehicle. The vehicle was heading south off the Red Lake Reservation on County Road 15. The vehicle reportedly changed directions and was westbound on Beltrami County Road 32 and then southbound on state Highway 89. A Beltrami County Sheriff's deputy was traveling north in the other lane of traffic when the suspect vehicle deliberately swerved into his lane of travel. The vehicle missed colliding with the squad car. The pursuit continued in excess of 100 mph with the vehicle continually swerving into the opposite lane of travel. The driver evaded "stop sticks" which had been deployed to flatten the vehicle tires at the intersection of Highway 89 and Great Divide Road and at the intersection of County Road 600. The vehicle turned onto Mayflower Road and the deputies continued the pursuit. A deputy received a neck injury from the rough roads. The driver stopped the vehicle at the end of the road and fled on foot. The driver was subdued with a Taser. He was handcuffed and identified as Rossbach. He was placed in the back of the squad car where he kicked out the windows. The Taser was deployed again to subdue him. He continually threatened the deputy and his family. He was transported to the Beltrami County Jail. Two deputies were taken to North Country Regional Hospital for evaluation of trauma.

Byron William Garbow, 29, of Cass Lake, pleaded innocent Aug. 10 to gross misdemeanor second degree DWI - refusal to submit and misdemeanor traffic - driver's license driving after revocation. His next court date will be Sept. 22.

According to the criminal complaint, at 9:35 p.m. June 20 a Beltrami County Sheriff's deputy saw a vehicle traveling north on Roosevelt Road in excess of the posted speed limit. The vehicle was traveling at 76-77 mph in a 55 mph zone. The deputy initiated a traffic stop and identified the driver as Garbow and also identified a female passenger. Garbow displayed slow, lethargic movements, slurred speech and bloodshot, watery eyes and the odor of alcohol. When asked why he was stopped, he said the vehicle had a problem with the speedometer. Garbow said he had been drinking. He was asked to complete field sobriety tests and was unable to perform the one-legged stand test. He said he couldn't perform the test because he had problems with his equilibrium from an injury suffered in a car accident. He registered a blood alcohol concentration of .223. The deputy saw the woman move into the driver's seat, place the car in gear and speed away from the scene. The deputy caught up to the vehicle and arrested the woman. Garbow was also arrested and transported to the Beltrami County Jail. At the jail, Garbow was read the implied consent advisory. When asked if he understood he said, "I was not driving." The deputy asked again if he understood, and he said, "I can't understand you, speak to me in Ojibwa." Eventually he shook his head yes. Garbow was provided with the use of a telephone and phonebook, which Garbow did not use. At 10:35 p.m., he was read his Miranda rights and remained silent. At the time of the arrest his license was under revocation, and he had two prior convictions for refusal to submit.

Melissa Marie Padilla, 36, of Cass Lake, pleaded innocent Aug. 10 to felony fleeing a peace officer in a motor vehicle and gross misdemeanor third-degree DWI - refusal to submit. Her next court date will be Oct. 10.

According to the criminal complaint, Padilla was identified as the female driver in the Byron William Garbow case, above. Padilla was a passenger in a vehicle that had been stopped for a speeding violation. She displayed slurred speech, slow lethargic movements, blood shot, watery eyes and the odor of alcohol. Padilla said they were leaving Cass Lake because she had been jumped by several other women. While the deputy was performing field sobriety tests on Garbow, Padilla moved into the driver's seat, put the car in gear and sped away. The deputy initiated a traffic stop and asked Padilla how much she had to drink to which she said, "I don't know. I don't count my drinks. Do you?" She registered a blood alcohol concentration of .219. She was arrested and transported to the Beltrami County Jail. She was read the implied consent advisory and said she understood the advisory. She said she would take a breath test. She attempted to give three samples. Finally, she said she wasn't going to do it anymore. Her failure to provide an adequate sample was deemed refusal to submit. She has two prior DWI convictions.

Victor John Yerbich, 50, of Bemidji, pleaded innocent Aug. 10 to gross misdemeanor driving after cancellation as inimical to public safety. His next court date will be Oct. 20.

According to the criminal complaint, at 12:36 p.m. July 1, a Beltrami County Sheriff's deputy was informed that Yerbich was driving a vehicle east on Balsam Road towards Irvine Avenue. Yerbich's driving privileges were cancelled as inimical to public safety. The deputy initiated a traffic stop and identified the driver as Yerbich. He said he was aware that his driving privileges were cancelled. He was arrested and transported to the Beltrami County Jail. His license was cancelled as inimical to public safety in August 2007.

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