Beltrami County District Court
In Beltrami County District Court before Judge Paul Benshoof:
In Beltrami County District Court before Judge Paul Benshoof:
Donald Robert Fleischman, 72, of Baudette, Minn., pleaded guilty Sept. 22 and was sentenced Oct. 28 for felony first-degree DWI.
He was sentenced to 43 months in prison, which were stayed for seven years; conditional release after confinement has been set at five years; he must serve 39 days in jail with credit for 78 days served; seven years of supervised probation; complete treatment; complete DWI program; not use or possess alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; supply a DNA sample; follow all instructions of probation; not drive without insurance; not have any driver's license violations; remain law-abiding and pay a fine of $1,083 of which $1,000 is stayed for seven years.
At 7:20 p.m. Nov. 20, a Minnesota State Patrol trooper responded to the scene of a one-vehicle crash with an injury on state Highway 72. EMS arrived on the scene and extricated the male driver and a dog from the vehicle. The vehicle was under water and the driver was hypothermic. The driver was transported to Lakewood Hospital in Baudette. The trooper observed the man to have red eyes and the smell of alcohol. The trooper identified the driver by a hunting and fishing license. A blood sample was drawn that registered a .20 blood alcohol concentration. His driver's license was cancelled as inimical to public safety. He has six prior DWIs, three of which occurred within the past 10 years. He also had an outstanding warrant for his arrest from Crow Wing County. Crow Wing County arrested him upon his discharge from the hospital.
Stephanie Rose Bunker, 31, of Minnesota Correctional Facility in Shakopee, pleaded guilty and was sentenced Oct. 27 for felony theft by check.
She was sentenced to 21 months in prison with credit for 111 days served and ordered to pay a fine of $133.
On April 27, Bunker wrote several checks in the amount of $1,235 on a closed bank account.
In a separate incident, she pleaded guilty Oct. 26 to gross misdemeanor giving a peace officer a false name.
She was sentenced to 365 days in jail, to be served concurrently with the case listed above, and ordered to pay a fine of $130.
On May 18, 2008, a Minnesota State Patrol trooper stopped a vehicle and issued a citation to a person who was subsequently identified as Bunker. A warrant was issued June 8, after the person failed to appear on the charge. A woman did appear in court but claimed that she was not the individual who been given the citation. She indicated it was Bunker who had used her name. Bunker was arrested April 5, on a warrant from Mahnomen County. The trooper went to the jail and identified Bunker as the individual he had given the ticket to in May of 2008. She has a prior conviction for gross misdemeanor giving a peace officer a false name.
Josiah Timothy Kondos, 20, of Bemidji, pleaded guilty Oct. 26 to gross misdemeanor indecent exposure/lewdness or procure another to expose in the presence of a minor under 16 years of age. His next court date will be Dec. 28.
On April 24, a 15-year-old girl ran away from home and was picked up by a friend and driven to Kondos home, where she performed fellatio on Kondos, who was 19-years-old.
Timothy Alden Yerbich, 32, of Bemidji, pleaded guilty Aug. 24 and was sentenced Oct. 26 for felony drugs - first-degree sale of 10 or more grams of cocaine, heroine or methamphetamine within a 90-day period.
He was sentenced to 74 months in prison with credit for four days served and must pay a fine of $130.
On or about March 25, 2007, and April 1, 2007, agents of the Paul Bunyan Drug Task Force and Headwaters Safe Trails Task Force arranged a controlled buy of methamphetamine between a Confidential Informant (CI). The CI made contact with Yerbich at approximately 7 p.m. March 25, 2007, at his residence on the 5700 bock of Bemidji Avenue North. The CI was fitted with a listening device and provided with $1,000 in U.S. currency from the federal buy fund. Agents further conducted surveillance near Yerbich's residence in order to monitor progress of the CI. At approximately 7:33 p.m. the CI met with Yerbich in his residence. Yerbich handed the CI two "8 balls" which contained approximately seven grams of methamphetamine. On or about April 1, 2007, agents again met with the CI for purposes of arranging a second controlled buy of methamphetamine from Yerbich. Again, agents provided the CI with $800 from the Paul Bunyan Drug Task Force buy fund. The CI was fitted with a recording device so that the purchase of methamphetamine could be recorded. At approximately 5:20 p.m. the CI was driven to Yerbich's residence. Again, the CI met with Yerbich. The CI paid Yerich $200 for the outstanding debt from the previous purchase and agreed to purchase two more "8 balls" from Yerbich. Yerbich gave the CI two "8 balls," containing approximately seven grams of methamphetamine. The CI left with the methamphetamine and again met with the agents. The Minnesota Bureau of Criminal Apprehension forensics found that the methamphetamine weighed 13.9 grams.
Carl Edward Emil Jurkovski, 23, of Bemidji, pleaded guilty Sept. 22 and was sentenced Oct. 26 for felony fifth-degree drug possession.
He was sentenced to 15 months in prison, which was stayed for five years; he must serve 42 days in jail on work release with credit for three days served; five years of supervised probation; pay a fine of $1,083; follow all instructions of probation; not use alcohol or controlled substances use; not enter bars or liquor stores; submit to random testing; complete a chemical dependency evaluation and treatment, at the direction of the Department of Corrections; complete aftercare; take medications in the prescribed dosage and frequency; submit a DNA sample; remain law-abiding and attend Alcoholics Anonymous and Narcotics Anonymous weekly.
On June 20, Bemidji Police officers responded to a liquor store regarding a report of a minor attempting to purchase alcohol. While the officers were investigating the matter, they observed Jurkovski exit the liquor store carrying two cases of beer and a 12-pack of malt beverages from the liquor store. This was in violation of conditions established for a felony charge of receiving stolen property. The officers arrested Jurkovski and seized several Vicodin tablets, a Schedule III controlled substance, pursuant to a search incident to arrest. A small amount of marijuana was also seized. He has prior convictions for receiving stolen property and third-degree burglary.
Sarah Patricia Smith, 24, of Kelliher, pleaded innocent Oct. 26 to felony drugs, fifth-degree procure, possess or control by fraud or deceit. Her next court date will be Dec. 15.
According to the criminal complaint, on April 29, a Blackduck Police officer was called to investigate an altered prescription for Vicodin at a local pharmacy. According to a woman at the pharmacy, Smith had entered the pharmacy and handed the pharmacist a prescription from a local dentist for 25 tablets of Vicodin. The amount appeared to be altered. The dentist reviewed his records and determined that he had written a prescription for 15 tablets for Smith.
Shawn Woodrow Steffen, 22, of Solway, pleaded guilty and was sentenced Oct. 26 for gross misdemeanor third-degree DWI and petty misdemeanor traffic regulation-passing parked emergency vehicle.
He was sentenced to 365 days in jail, of which 335 days were stayed for three years; he must serve 24 days in jail with credit for six days served; sentence to be served consecutively with a separate case; placed on probation to the courts for three years; pay a fine of $858; complete a chemical dependency evaluation/treatment within 60 days, by Dec. 15 and immediately begin any recommendations; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; not drive without insurance; not have any driver's license violations and not have an same or similar offenses.
At 10:48 a.m. July 8, a Beltrami County Sheriff's deputy observed a vehicle merge onto U.S. Highway 2 and make an immediate lane change without indicating intent with use of a blinker. The deputy continued to observe the vehicle, which changed lanes to the lane immediately next to a semi-truck and trailer and a Minnesota State Patrol trooper. The vehicle crossed the fog line and narrowly missed a collision with the trooper's car. The vehicle again crossed over the fog line. The deputy initiated a traffic stop and identified the driver as Steffen, who displayed the odor of alcohol and avoided eye contact. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .155. He was arrested and transported to the Beltrami County Jail where he provided a urine specimen to determine alcohol concentration. Steffen admitted to drinking alcohol and indicated that he consumed his last drink at 3 or 4 a.m. He has one prior conviction and revocation for DUI.
Jared Nathan Danielson, 29, of Bemidji, pleaded guilty to felony theft Oct. 26. His next court date will be Dec. 7.
At 1:45 a.m. Oct. 2, a Beltrami County Sheriff's deputy was informed by a Clearwater County Sheriff's deputy that she had recovered a stolen four-wheeler from two individuals in Shevlin. The individuals reported that they had purchased the four-wheeler from two men, one of whom was known as Jared, for a dirt bike and $100. The individuals thought the deal was too good to be true and contacted the Clearwater County Sheriff's Department. The individuals also said that there were two other four-wheelers and a Polaris Ranger parked at the residence. A Beltrami County deputy began investigating the case and received a call from a resident on Balsam Road regarding two four-wheelers trespassing on his yard. The resident followed the vehicles back to a residence located on the 6000 block of Scribner Road N.W. The deputies proceeded to the residence where they found a Polaris Ranger and two four-wheelers. The owner of the residence said it was likely his son and his friend Jared that had been trespassing. The vehicles matched the description of the vehicles that were stolen in Hubbard County. The deputies impounded the vehicles in question and attempted to contact Jared Danielson and the other man, but were unsuccessful. On Oct. 3, Danielson called the law enforcement center and agreed to meet with the deputy. Danielson reported that he did sell the four-wheeler to an individual in Clearwater County, and that he had purchased the four-wheeler along with ones taken form the residence the night before in the parking lot of a local store. Danielson produced a receipt which he said the seller filled out. He said he and the other man had thought that $1,200 for three four-wheelers was too good to pass up. Danielson paid $400 and the other man paid $800. The other man eventually admitted that they had not purchased the vehicles; rather, he and Danielson had stolen the vehicles from a residence in Hubbard County. They decided to bring the four-wheelers to the house on Scribner Road, because it was off-the beaten track and was easily accessible to four-wheeler trails. The man reported that Danielson had created the receipt and had one of his friends forge the signature. In a statement, Danielson admitted that he knew the four-wheelers were stolen as he had helped steal them. Both Danielson and the other individual were arrested.
Michael Lee Konrad, 40, of St. Michael, Minn., pleaded innocent Oct. 26 to felony theft. His next court date will be Dec. 15.
According to the criminal complaint, at 6:21 p.m. May 18, 2008, a Beltrami County Sheriff's deputy was dispatched to a sporting goods store in Cass Lake. The owner of the store reported that a man came to the store to sell property including a boat motor and tools, which had been reported stolen earlier in the day. The owner gave a description of the vehicle the men were in and its license plate number. The investigator observed the vehicle parked at a town home in Cass Lake. The investigator pulled in and observed five people standing in front of the vehicle, two of whom he could identify, one as Konrad. A woman approached his vehicle, and as the deputy spoke to her, Konrad and the other man left the area. The woman said one of the men was at her home, but she did not know who Konrad was. The other man was found in her home and admitted that Konrad had called him earlier in the day and asked him for a ride. He said Konrad had a boat motor and tools with him. He also said Konrad had attempted to sell the items at the sports store. A search was performed in the area around the house and a boat motor was found in the woods. The investigator also noticed an open garage door. The deputy observed a large amount of power saws and tools were found behind a table. The garage belonged to the woman; she said the tools were not hers and she had never seen them before. The investigator spoke to the owner of the stolen tools and boat motor. The owner had attempted to sell the tools and equipment to the owner of the sports store earlier in the week. The owner of the sports store recognized the tools as stolen and immediately called the original owner. The owner of the tools noticed that a window in his father's house and been broken out and the lock was busted off the garage door. The owner of the sports store identified Konrad out of a photo line up.
In Beltrami County District Court before Judge John Melbye:
Russell David Luther, 44, of Bemidji, pleaded guilty and was sentenced Oct. 20 to an amended charge of misdemeanor fourth-degree criminal damage. The original charge was for felony first-degree damage to property over $1,000.
He was granted a stay of adjudication with successful completion of probation resulting in dismissal of the charge; placed on probation to the courts for one year; not have any contact with the airport or subject portion of land; must not interfere with seeding and also assist airport management and not allow persons to use property.
On July 24, a Bemidji Police officer arrived at the Bemidji Regional Airport to investigate a report of property damage. A fence located at the northwest corner of the airport had been destroyed and taken down without consent. Damages were estimated at more than $3,000.
Darrell Emery Loud, 26, of Ponemah, pleaded guilty Oct. 27 to felony fleeing a peace officer in a motor vehicle. His next court date will be Nov. 23.
At 7:38 p.m. March 21, a Beltrami County Sheriff's deputy on routine patrol on Pioneer Road saw a vehicle without a front license plate that had front end damage and a broken windshield. The deputy initiated a traffic stop and the driver fled, eventually entering the Red Lake Reservation.
Fabian Dean Kingbird, 47, of Red Lake, pleaded guilty and was sentenced Oct. 20 for gross misdemeanor driving after cancellation as inimical to public safety.
He was sentenced to one year in jail, which was stayed for two years; placed on probation to the courts for two years; pay a fine of $283; not drive without insurance; not have any driver's license violations and remain law-abiding.
At 9:40 p.m. April 5, a Beltrami County Sheriff's deputy was traveling south on Irvine Avenue near Nebish Road when he observed a vehicle without a front license plate traveling north on Irvine Avenue. The deputy initiated a traffic stop and identified the driver as Kingbird, who admitted that he did not have a valid driver's license. He has two prior convictions for driving after cancellation as inimical to public safety.
In Beltrami Count District Court before Judge Shari Schluchter:
Glenn Lee Clark IV, 27, of Bemidji, pleaded guilty Oct. 2 and was sentenced Oct. 23 for gross misdemeanor domestic assault.
He was sentenced to 365 days in jail, of which 329 days were stayed for two years. He must serve 12 days in jail with credit for 24 days served; sentenced to be served consecutively with separate case; two years of supervised probation; pay a fine of $833; he must have no contact with the victim; contact with children through Social Services; complete domestic abuse counseling/treatment; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; remain law-abiding; complete anger management therapy; follow all instructions of probation and abide by a domestic no contact order in place until 2011.
At 11 p.m. Aug. 20, Bemidji Police officers responded to a report of a domestic assault in a parking lot on the 800 block of 26th Street Northwest. The officers were advised that a man was attempting to remove a female from a parked car. Officers arrived on the scene and observed a man, subsequently identified as Clark, standing by the vehicle. One of the officers spoke to the female passenger, who said she and Clark had gotten in an argument. He and attempted to pull her out of the vehicle by twisting her right arm and pulling her leg. He also pulled her hair as she was walking on the sidewalk. The woman had an abrasion and complained of bruising and swelling on her right wrist. The driver of the vehicle was questioned and indicated that Clark and the other woman had been arguing, but would not provide any details. Clark was arrested and transported to the Beltrami County Jail. He registered a preliminary breath-alcohol concentration of .218.
In a statement, Clark reported that the woman came to his residence and asked if he would be returning to her house. Clark told her he would not be returning and asked the woman to leave. They began arguing and the woman reached into the open window and grabbed a pack of cigarettes. Clark went to the parking lot and admitted to pulling her hair to keep her in his vicinity. He denied attempting to remove her from the vehicle.
He has been convicted of disorderly conduct and domestic assault and fifth-degree domestic assault.
Wendell Joseph Graves, 24, of Ponemah, pleaded guilty Aug. 24 and was sentenced Oct. 21 for an amended charge of felony third-degree assault, substantial bodily harm. The original charge was felony second-degree assault with a dangerous weapon.
He was sentenced to 18 months in prison, which was stayed for five years; he must serve 99 days in jail; five years of supervised probation; pay a fine of $1,083; granted community service to pay fine; follow all instructions of probation; update a chemical dependency evaluation and treatment; complete aftercare; complete a diagnostic assessment; follow all recommendations of evaluation; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; not have any contact with the victim and submit a DNA sample.
At 1 a.m. April 29, Bemidji Police officers responded to a report of a stabbing on the 1200 block of Second Street Southeast. Graves had stabbed his acquaintance and then fled the scene. The male victim reported that Graves had recently gotten out of prison and he and Graves and another friend were drinking together. Graves had attempted to recruit the man into a criminal gang that he had belonged to while in prison. The gang's name is "Native Style." The victim told Graves he did not want to join the gang. At that point, Graves pulled out a box cutter and slashed at the man and cut him on the chin and a deep cut across his chest. Stitches and staples were needed to close the wounds on the victim. Graves had been convicted of attempted second-degree murder in Roseau County and had been sentenced to 75 months in prison.
Christopher Lee Rossbach, 22, of Bemidji, pleaded guilty Sept. 4 and was sentenced Oct. 19 for amended charges of felony terroristic threats -reckless disregard - and felony fleeing a peace officer in a motor vehicle. The original charges included felony second-degree assault with a dangerous weapon, which was dismissed.
He was granted a stay of imposition for both charges, with successful completion of probation resulting in a misdemeanor conviction; he must serve 153 days in jail; five years of supervised probation for the first count and four years probation for the second count; pay a fine of $183; follow all instructions of probation; complete outpatient treatment at Upper Mississippi; complete anger management assessment; complete cognitive skills training at the directive of the Department of Corrections; not use alcohol or controlled substances; not be in the presence of anyone using other than his mother at residence; not enter bars or liquor stores; submit to random testing and searches; remain law-abiding; restitution reserved and follow all recommendations of evaluation.
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 from the Red Lake Reservation on Beltrami County Road 15. The vehicle reportedly changed directions and was westbound on Beltrami County Road 32 and then southbound on state Highway 89. The pursuit continued in excess of 100 mph. The driver evaded stop sticks at the intersection of Highway 89 and Great Divide Road and at the intersection of County Road 600. The pursuit continued on Mayflower Road. A deputy received a neck injury from the rough roads. The driver stopped at the end of the road and fled on foot. He was subdued with a Taser. He was handcuffed and identified as Rossbach. He was placed in the squad car where he kicked out the windows. The Taser was deployed again to subdue him. He threatened a 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.
In a separate case, Rossbach, pleaded guilty Aug. 27 and was sentenced Oct. 19 for gross misdemeanor falsely reporting police misconduct -criminal act alleged.
He was sentenced to 365 days in jail, of which 212 days were stayed for two years; he must serve 153 days in jail; two years of supervised probation; and abide by all conditions listed above and pay fine of $133, community service granted.
On June 7, Rossbach was arrested by Beltrami County Sheriff's deputies after leading deputies on a high-speed pursuit. He abandoned his car, and the deputies engaged in a foot pursuit. Rossbach gave himself up, and while being handcuffed, began to resist arrest. He also attempted to kick out the windows in the squad car and threatened to sue the deputies. He submitted a formal complaint alleging the deputies used excessive force by placing their hands around his neck. He also alleged that when he was handcuffed, a deputy punched him in the back and on the side of the head, and that deputies made racial slurs. A formal investigation was conducted by Chief Deputy Mike Bakke. He conducted interviews with each of the deputies and reviewed photos taken at the jail. He found Rossbach's report to be unsubstantiated. Rossbach admitted he lied about all of the allegations.
Brian Lee Nordheim, 52, of Bemidji, pleaded guilty and was sentenced Oct. 19 for gross misdemeanor driving after cancellation as inimical to public safety.
He was granted a stay of adjudication, with successful completion of probation resulting in a dismissal of the charge; he was placed on probation to the courts for six months and must not have any same or similar offenses and pay a fine of $200.
At 7:45 a.m. May 11, a Beltrami County Sheriff's investigator observed a vehicle pass his vehicle on the shoulder and proceed through the intersection of 15th Street Northwest and Adams Avenue at approximately 50 miles per hour. The investigator initiated a traffic stop and identified the driver as Nordheim who admitted that he did not have a driver's license. He said his driving privileges had been revoked due to several DWI arrests in the late 1970s and 1990s. His license has been cancelled since 1984, as a result of three DWI convictions and he never reinstated his driving privileges. He was arrested and transported to the jail.
Douglas Allen Benson, 41, of Tenstrike, pleaded guilty and was sentenced Oct. 20 for gross misdemeanor second-degree DWI.
He was sentenced to 365 days in jail, of which 335 days were stayed for four years. He must serve 27 days in jail with credit for three days served; placed on probation to the courts for four years; pay a fine of $1,119.76; not use alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; not drink and drive; not drive without insurance; not have any driver's license violations; remain law-abiding; pay restitution; complete aftercare and complete a chemical dependency evaluation/treatment within 30 days.
At 7:50 p.m. Aug. 15, a Minnesota State Trooper responded to the scene of a car crash on U.S. Highway 71 at the Hubbard and Beltrami County Line. One of the vehicles left the scene of the crash and was seen parked at a convenience store. The trooper initiated a traffic stop and identified the driver as Benson, who displayed the odor of alcohol. Benson reported that he come from a bar and ran through the stop sign without stopping. He said he had been drinking, but had not been in a crash. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .14. He was arrested and transported to the Beltrami County Jail where he registered a blood alcohol concentration of .15. He has three prior DWI convictions within the last 10 years.
Eric Robert Reed, 39, of Cass Lake, pleaded guilty and was sentenced Oct. 20 for gross misdemeanor second-degree DWI.
He was sentenced to one year in jail, of which 335 days were stayed for four years; he must serve 28 days in jail with credit for two days served; granted work release; pay a fine of $1,333; placed on probation to the courts; must complete outpatient treatment; complete aftercare; not use alcohol; not enter bars or liquor stores except for employment and playing in a band purposes; submit to random testing and remain law-abiding.
At 12:40 a.m. Aug. 24, a Bemidji Police officer responded to a call about a personal injury accident near the 600 block of Lake Avenue Southeast. The officers arrived on the scene and saw a vehicle parked in the middle of the road with its front end smashed. A woman, subsequently identified as Kallia Lord-Brunette, was standing near the car. Further examination revealed a broken-off utility pole at the intersection of Sixth Street Southeast and Lake Avenue. Lord-Brunette, who was previously convicted and sentenced in relation to the incident, said that she wasn't driving and identified a man standing next to the car as the driver. Upon further investigation of the vehicle, the seat was found to be positioned for a person of her stature. The man, identified as Reed provided a recorded statement about the accident. He said he was not the driver and he had removed a small child from her vehicle and placed it in his. Reed displayed the odor of alcohol and had difficulty speaking. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .245. He was arrested and transported to the jail. He was then transported to North Country Regional Hospital for a blood test, which registered a blood alcohol concentration of .27. Reed stated that he had had an argument with his wife earlier in the day and had gone to a local bar to drink alcohol. He said he was upset that he was arrested after being a good citizen and stopping to make sure that no one was injured in the accident, but believed it was the right thing to do. He has been convicted of four DWIs within the past 10 years.